1987-07-28CITY OF MOUND
MOUND, MINNESOTA
AGENDA
MOUND CITY COUNCIL
REGULAR MEETING
7:30 P.M.z TUESDAY~ULY 28_..z. 1987
COUNCil ~H~-~-
Pledge of Allegiance
Approve the Minutes of the July 14, 1987, Regular
Meeting
PUBLIC HEARING: Delinquent Utility Bills
CASE t87-651: Gerald J. Beren~, 50~8 Enchanted Road,
Lot 2, BloCk 21, Shadywood Point
~equest: Side Yard Setback Variance
CASE #87-652: Leon & Evonne Heller, 4695 Hampton Rd.,
Lots 13 & 14, Part of Lots 28, 29, 30,
31, Block 9, Pembroke
~uest: Minor Subdivision
CASE 187-653: J. Ned o~ 4994 Manchester Road,
Lot 12, B-Tock 33, Wychwood
~equest: Lot Size Variance
CASE 187-656:
Harley E. Jordan, 2193 Cedar Lane,
Lot 18 and Part of Lot 19, Block 2,
Abraham Lincoln Addn. to Lakeside Park
CASE 187-659:
Foot Front Yard Variance
Brian johnson/Paul _bLarsom, o49XX Glen
Elyn Road, Lots 17, ~8, 19, Block 24,
Shadywood Point
10.
~uest: Minor Subdivision
Jennings Bay Dredging - Mayor Smith requested this
item be put on the Agenda for citizen input·
Comments & Suggestions from Citizens Present
Pg. 2152-2161
Pg. 2162
Pg. 216-3-2174
Pg. 2175-2183
Pg. 2184-2191
Pg. 2192-2198
Pg. 2199-2204
Page 2149
11.
12.
13.
14.
15.
16.
Resolution to enter into a joint Cooperation Agreement
with Hennepin County to extend the Urban Hennepin
County Community Development Block Grant Program
Parking on Gull Lane
Sign Ordinance Modification - Mark Koegler
Approval of Permits: Our Lady of the Lake Church
Incredible Festival - Public Dance & Charitable
3.2 Beer Permit
Payment of Bills
INFORHATION/HISCELLANEOUS
A. Notice of Seminar on Council-Manager Relations -
Monday, September 28, 1987.
I would appreciate all of you attending this with
me. Please let Fran know as soon as possible.
B. Subscriber'Statistics for january through June,
1987 - Dowden Communications
C. 'Congratulations are in order for Sally Koenecke
and her efforts and work with Local Access on
Cable T. V. She traveled to Chicago to receive
a first place award for the development of
"Homework Hotline", a program developed through
the School district to provide educational
programming to students who need additional
training in various curriculum offered by the
school district. There were 450 nominations for
4 possible awards. Sally was also the chief
official in coordinating the Mound City Days
video program. Mound City Days received an award
through the University of Minnesota, for its
presentation on the Local Access Channel.
D. Notice from the Met Council on preliminary
population and household estimates as of
April 1, 1987.
E. Notice from the Met Council of public meeting on
their proposed 1988 work program and budget.
F. Notice from AT&T regarding changes in AT&T's
rate structure.
pg. 2205-2214
pg. 2215-2223
Pg. 2224-2227
Pg. 2228
Pg. 2229-2243
pg. 2244-2245
pg. 2246-2249
pg. 2250-2252
pg. 2253-2256
pg. 2257-2259
Page 2150
Invitation from AMM (Association of Metropolitan
Municipalities) to a breakfast meeting:
Date: Wednesday, August 5, 1987
Place: Plymouth Holiday Inn
Time: 7:30 A.M.
Please let Fran know by Friday, July 31, 1987, if
you plan to attend.
Memo from the Minnehaha Creek Watershed District
regarding lake level, flow and precipitation
for June, 1987.
Letter from Curt Pearson regarding nonconforming
uses - planning items.
Planning Commission Minutes from July 13, 1987
Ind. School Dist. #277 Minutes from July 13, 1987
Pg. 2260-2261
Pg. 2262-2264
Pg. 2265-2275
Pg. 2276-2280
Pg. 2281-2282
Page 2151
115
July 14, 1987
MINUTES -'MOUND CITY COUNCIL - REGULAR MEETING
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, July 14, 1987, at 7:30 P.M. in the
Council Chambers a% 5~1 ~sywood Road, ~n sa~d ~y.
Those present were: Mayor Steve Smith, Couneilmembers' Don Abel,
Llz Jensen, Phyllis Jessen and Skip Johnson. Also present were:
City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City
Attorney Curt Pearson, City Engineer John Cameron, City Planner
Mark Koegler, Building Official Jan Bertrand, Police Chief Len
Harrell, Officer Todd Limond, and the following interested
citizens: Mr. & Mrs. Tom Geyen, Mr. & Mrs. James Fox, Arvin
Senne, Eric and Michele Berglund, Kurt Berglund, Greg Sycks,
Freda Olson, William Bardley, John Peterson and Mr. & Mrs.
LaPoint. .
The Mayor opened the meeting and welcomed the people in
attendance.
The Pledge of Allegiance was recited.
MINUTES
MOTION made by Jensen, seconded by Abel to approve the
Regular Meeting Minutes of June 23, 1987, as presented. The
vote was unanimously in favor. Motion carried.
pUBLIC HEARING:
CASE $87-638,- JAMES ~ KATIE FOX, 2925 STRATFORD
LANE, LOTS-l,2 & 3, BLOCK 7~ WXCHWOOD, PROPOSED
VACATION OF DO~CHESTER ROAD FROM STRATFORD LANE
TO ESSEX LANE
The City Engineer explained the request. The City Attorney
suggested that the affected property owners have the private
access agreement drawn up and filed before the vacation
reso. lution is released. The Council agreed. The Planning
Commission recommended approval.
The Mayor opened the public hearing.
'The Mayor closed the public hearing.
There were no comments.
Abel moved and Johnson seconded the following resolution with the
above condition added:
RESOLUTION ~87-12q
RESOLUTION VACATING CERTAIN STREET AND
UTILITY EASEMENTS OVER DORCHESTER ROAD
BETWEEN STRATFORD LANE AND ESSEX LANE
The vote was unanimously in favor. Motion carried.
116'
July lq, 1987
PUBLIC HEARING=
CASE #87-640 -~ARVIN SENNE, 6099 COUNTY ROAD 26,
MOUND, CONDITIONAL USE PERMIT REQUEST FOR EXpaN-
SION OF CABINET SHOp. AND OFFICE AT 5558
AUDITOR'S ROAD
The City Planner explained that this Conditional Use Permit needs
to be revised to cover Mr. Senne's expansion. The' Planning
Commission recommended approval.
The Mayor opened the public hearing.
The Mayor closed the public hearing.
There were no comments..
Johnson moved and Jessen seconded the following resolution:
RESOLUTION ~87-125 RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT FOR THE CONTINUED OPERATION AND
EXPANSION OF A CABINET SHOP - PID #13-
117-24 33 OOQ5, CASE ~87-640 {5558
AUDITOR'S ROAD
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: CASE ~87-641 - NORMAN R. BERGLUND, 4611 THROUGH
4658 KILDARE ROAD, PROPOSED ZONING MAP AMENDMENT
TO CHANGE THE ZONING OF A PORTION OF BLOCKS I &
11,..ALL OF. BLOCK 2, ALL IN SETON ADDITION, FROM
R-4 MULTI-FAMILY RESIDENTIAL TO R-2, SINGLE
FAMILY RESIDENTIAL
'The City Planner explained this proposal and stated that the
request following this item for the vacation of a portion of
Longford Road is related. The City Attorney suggested that the
Council continue this public hearing, republish and include all
the properties in the R-q district for rezoning to R-2, not just
Mr. 'Berglund's property. This will avert a spot zoning
situation.
The 'Mayor opened the public hearing. Mr. Kurt Berglund and Mr.
Eric Berglund spoke in favor of the rezoning and the vacation of
a portion of Longford Road. Mr. Paul Larson, Merrill Lynch
Realty, representing the owner of Lots 21 - 2t, Block 11 and Lots
9 & 7, spoke in favor of the rezoning and the vacation of
a portion of Longford Road.
The City Planner reminded the Council that the applicant can
develop this land without changing the zoning, but wishes to have
more liberal setbacks in order to have a slightly wider house
than what would be allowed in the R-q district.
MOTION made by Johnson, seconded by Abel to adjourn this
public hearing until the August 11, 1987, meeting in order to
republish the public hearing and include all the property in
the R-4 district in this area for rezoning to R-2. The vote
117
July 14, 1987
was unanimously in favor.
Motion carried.
PUBLIC HEARING:
CASE t87-646 - NORMAN B~RGLUND, OWNER OF PRO-
PERTY ON SOUTH & NORTH OF LONGFORD ROAD,
PROPOSED VACATION OF PORTION OF LONGFORD ROAD
BETWEEN KINGS LANE AND BLACK LASE LANE (WEST
SIDE OF LOT 23, TO EAST SIDE OF LOT ,10~ BLOCK 11
SETON) AND THAT PORTION OF KERRY LANE NORTH FROM
LONGFORD
The Mayor opened the public hearing. Paul Larson, Eric and Kurt
Berglund all spoke in favor the the vacation. The Mayor closed
the public hearing.
There was Council discussion on this vacation leaving no access
to the two Commons docks which could be located at the end of
unimproved Kerry Lane. The Planner reported, that the Planning
Commission recommended denial of this vacation application.
MOTION made by Smith, seconded by Jessen to concur with the
Planning Commission recommendation to deny the vacation as
requested. The vote was unanimously in favor. Motion
carried.
PUBLIC HEARING:
CASE..#87-644 -, TOM KELLY, 4831 SHORELINE BLVD.,
LOTS 1-~, .PT. OF 5 & 20 & 21, SHIRLEY. HILLS UNIT
,"A"~, APPLICATION TO AMEND CONDITIONAL USE PERMIT
~0 ALLOW BAIT & TACKLE SALES AT 4832 SHORELINE
BLVD.
The City Planner explained the request. The Planning Commission
recommended approval. The Building Official explained that she
notified Mr. Kelly on April. 28, 1987 that building, plumbing,
heating and wiring permits were required for the remodeling that
was being done on 4831 Shoreline Blvd. She followed up with a
letter on July 6, 1987. To date they have not submitted
blueprints nor taken out any permits for the work.
The Mayor opened the public hearing. Steve Williams, partner in
the business, stated he will be submitting plans for the
remodeling and will pay for permits, fees, and penalties. The
.Mayor closed the public hearing.
· The Council discussed the building violations and signage
violations.' The City Attorney suggested the following language
be inserted in the proposed resolution:
"All applicable ordinances and statutes be complied with
prior to the issuance of this Conditional Use Permit and all
fees and penalties for existing building violations shall be
paid prior to issuance of this permit by the City Building
Official. All existing sales in violation of the Zoning
Ordinance shall cease and desist within 30 days and the use
118
July 14, 1987
shall be brought into compliance with the Ordinances and this
permit within said time period."
The Council agreed.
Jessen moved.and Johnson seconded the following resolution:
RESOLUTION ~87-126 RESOLUTION AUTHORIZING A CONDITIONAL USE
PERMIT FOR OPERATION OF A VEHICLE
IMPOUNDMENT AREA, SERVICE STATION/VEHICLE
REPAIR (MINOR) FACILITY AND SALES OF
SMALL MISCELLANEOUS FISHING TACKLE AND
LIVE BAIT AT 4831 SHORELINE BLVD., PID
f13-117-24 44 0014, P & X CASE ~87-644
The voted was unanimously in favor. Motion carried.
~,UBLIC HEARING: PROPOSED AMENDMENTS TO CDBG (COMMUNITY)DEVEL~
OPMENT BLOCK GRANT) FUNDS FOR YEARS XII& XIII
The City Manager explained that this amendment is to help in a
business relocation in Mound. It will reallocate $20,000 for a
special economic development project.
The Mayor opened the publi:c hearing. There were no comments.
The Mayor closed the public hearing. :
Abel moved and Jensen seconded the following resolution:
RESOLUTION ~87-127 RESOLUTION REALLOCATING YEARS.XII AND
XIII MOUND/URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT FUNDS
The vote was unanimously in favor. Motion carried.
CASE ~87-643: JOHN_PETERSON, 49XX EDGEWATER DRIVE, WEST 40 FEET
OF LOT 17, SKARP & LINDOUIST'S RAVENSWOOD
ADDITION, SIDE YARD SETBACK VARIANCE
The BUilding Official explained the request. The Planning
Commission recommended approval. %
Smith moved and Abel seconded the following resolution:
RESOLUTION ~87-128 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE A SIDE YARD SETBACK
VARIANCE FOR WEST 40 FEET OF LOT 17,
SKARP & LINDOUIST'S ADDITION, 49XX
EDGEWATER DRIVE, PID $13-117-24 41 0062,
P & Z CASE ~87-643
The vote was unanimously in favor. Motion carried.
July 14, 1987
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There were no comments or suggestions.
ASSESSING CONTRACT
The City Manager explained the memo from the City Clerk regarding
costs to contract with other than Henneping County for assessing
services.
MOTION made by Jensen, seconded by Abel to stay with Hennepin
County for assessing services. The vote was unanimously in
favor. Motion carried.
AUTHORIZATION TO SELL CITY PROPERTY
The City Clerk explained that Mr. Sycks would like to purchase
the south 36 feet of Lots 13, 14, & 15, Block B3, Wychwood.
There would be a street easement over the south 5 feet of these
lots and a utility easement on the north 31 feet'of the south 36
feet of these lots.
Abel moved and Smith seconded the following resolution:
RESOLUTION ~87-129
RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE A QUIT CLAIM DEED TO
SELL CITY ~ROPERTY
The vote was unanimously in favor. Motion carried.
TAX FORFEIT PROPERTY
A. PORTION OF LOTS 25 & 26., BLOCK 5, ARDEN
The City Clerk explained her memo and recommendation.
Jessen moved and Johnson secOnded the following resolution:
RESOLUTION ~87-130
RESOLUTION RECONVEYING (IF NECESSARY)
CERTAIN TAX FORFEIT LANDS BACK TO THE
STATE AND REQUESTING THAT THE COUNTY
BOARD TO IMPOSE CONDITIONS ON THE SALE OF
SAID TAX FORFEIT LANDS AND TO RESTRICT
THE SALE TO OWNERS OF ADJOINING LANDS -
(PORTIONS OF LOTS 25 & 26, BLOCK 5,
ARDEN)
The vote was unanimously in favor. Motion carried.
B. .LOT 16, BLOCK 9, WHIPPLE
The City Clerk explained her memo and recommendation.
120
July 14, 1987
Smith moved and Jensen seconded the following resolution:
RESOLUTION ~87'131
RESOLUTION RECONVEYING (IF NECESSARY)
CERTAIN TAX FORFEIT LANDS BACK TO THE
STATE AND REQUESTING THE COUNTY BOARD TO
IMPOSE CONDITIONS ON THE SALE OF SAID TAX
FORFEIT LANDS AND.TO RESTRICT THE SALE TO
OWNERS OF ADJOINING LANDS AND AUTHORIZING
APPLICATION FOR CONVEYANCE FROM' THE STATE
OF CERTAIN TAX FORFEIT LANDS - (PART OF
LOT 16, BLOCK 9, WHIPPLE)
The vote was unanimously in favor.
Motion carried.
(:PART OF LOT 32, ALL OF 33 AND PART OF 34, BLOCK 1, THE HIGH-
LANDS) AND (PART OF LOT 34, ALL OF 35 AND PART OF LOT 36,
BLOCK 1, THE HIGHLANDS
The City Clerk explained here memo and recommendations.
Smith moved and Johnson seconded th~ following resolution:
RESOLUTION ~87-132
RESOLUTION REQUESTING CONVEYANCE OF
PORTIONS OF TAX FORFEIT LANDS; RELEASING
CERTAIN PORTIONS OF TAX FORFEIT LANDS TO
HENNEPIN COUNTY FOR PUBLIC AUCTION;
CERTIFYING THE SPECIAL ASSESSMENTS; AND
REQUESTING AN~ EASEMENT - (PART OF LOT'
32, ALL OF 33 AND PART OF LOT 34, BLOCK
1, THE HIGHLANDS) AND (PART OF LOT 34,
ALL OF 35 AND PART OF LOT 36, BLOCK 1,
THE HIGHLANDS
The vote was unanimously in favor. Motion carried.
PARTS OF LOTS 17, 18 & 19, BLOCK 1, ARDEN
The City Clerk explained her memo and recommendation.
Abgl moved and Smith seconded the following resolution:
RESOLUTION ~87-133 RESOLUTION RECONVEYING CERTAIN PORTIONS
OF TAX FORFEIT LANDS:BACK TO THE STATE;
REQUESTING _THESE LANDS BE COMBINED;
REQUESTING THE COUNTY BOARD TO IMPOSE
CONDITIONS ON THE SALE OF SAID TAX
FORFEIT LANDS AND TO RESTRICT THE SALE TO
OWNERS OF ADJOINING LANDS - (PARTS OF
LOTS 17, 18, & 19, BLOCK 1, ARDEN)
The vote was unanimously in favor. Motion carried.
121
July 14, 1987
E. (PART OF LOTS R6 & 37, BLOCK 1, THE HIGHLANDS) & tPART OF
LOTS 38, 38,-& 39, BLOCK 1, THE HIGHLANDS)
The City Clerk explained her memo and recommendation.
Smith moved and Johnson seconded the following resolution:
RESOLUTION ~87-13~
RESOLUTION RELEASING CERTAIN TAX FORFEIT
LANDS TO HENNEPIN COUNTY FOR PUBLIC
AUCTION AND CERTIFIlNG THE SPECIAL
ASSESSMENTS -(PART OF LOTS 36 & 3?,
BLOCK 1, THE HIGHLANDS) & (PART OF LOTS
37, 38 & 39, BLOCK 1, TBE~HIGHLANDS)
The vote was unanimously in favor. Motion carried.
PART OF LOTS 12 & 13, BLOCK 12, AVALON
The City Clerk explained her memo and recommendation.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION ~87-135
RESOLUTION RECONVEXlNG (IF NECESSARI)
CERTAIN TAX FORFEIT LANDS BACK'TO THE
STATE AND REQUESTING THE COUNTX BOARD TO
IMPOSE CONDITIONS ON THE SALE OF SAID TAX
FORFEIT LANDS AND TO RESTRICT.THE SALE TO
OWNERS OF ADJOINING LANDS - (PART OF LOTS
12 & 13, BLOCK 12, AVALON)
The vote was unanimously in favor. Motion carried.
,RESOLUTION REVISIN~,,THE 1987 BUDGET ADOPTED IN RESOLUTIONS 86-133
AND 86-13~
The City Manager explained that since the budget was adopted all
salaries have been adjusted for 1987. It is now necessary to
amend the Budget.
Smith moved and Abel seconded the following resolution:
RESOLUTION ~87-136 RESOLUTION RE¥ISING THE 1987 BUDGET
ADOPTED IN RESOLUTIONS 86-133 AND 86-134
The vote was unanimously in favor. Motion carried.
REQUEST TO AMEND RESOLUTION-NO, 87-16, REGARDING PARKING ON GULL
~AN~ AT WREN ROAD
The City Manager explained the request. He stated the Fire Chief
does have a concern that the elimination of the no parking would
make' getting a fire truck through the street a problem.
July 23, 1987
The people requesting this change, Mr. & Mrs. LaPoint were
present and explained their position.
NOTION made by Johnson, seconded by Smith to table this item
until the July 28th meeting in order to get more input from
the Fire Chief. The vote was unanimously in favor, Motion
carried.
PAYNENT OF BILLS
The bills were presented for consideration.
NOTION made by Abel, seconded by Jensen to approve the
payment of bills as presented on the pre-list, in the amount
of $228,557.62, when funds are available. A roll call vote
was unanimously in favor. Notion carried.
SET PUBLIC HEARING DATES
A.
MOTION made by Smith, seconded by. Jensen to set August 11,
1987 at 7:30 P.M. for a public 'hearing to ,consider an
application for a revision of eondltionsl use permit to allow
on site open storage at 5300-5340 Shoreline Blvd., PID
117-24 34 0076. The vote was unanimously in favor. Notion
carried.
NOTION made by'Smith, seconded by Jensen to set August 11,
1987 at 7:30 P.M. for a public' hearing to Consider an
application for Zoning Ordinance amendment to allow retail
mail order in the B-1 Central Business District by
Conditional Use Permit (Amendment of Section 23.625.3 of the
City Code). The vote was unanimously in favor. Notion
carried.
SIGN PERMIT - DOWNTOWN RETAIL COUNCIL
The City Manager explained the request.
MOTION made by Smith, seconded by Abel to grant a sign permit
to..the Downtown Retail Council for 4, portable signs, 4' x
6', to be up from July 17 to August 3, 1987.-. The vote was
unanimously in favor. Notion carried.
~ ·
AGREEMENT TO MOVE SEWER LINE ON LOTS 4 & 10, BLOCK 12, SETON
The City Attorney explained that h'e and Mr. Button's attorney
have worked out an Agreement to move the sewer line which is
under Mr. Button's home. Ail expenses to be paid by Mr. Burton.
123
July 15, 1987
Abel moved and Jensen seconded the following resolution:
RESOLUTION ~87-137
RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO SIGN AN AGREEMENT WITH MR. &
MRS. WILLIAM BURTON TO RELOCATE A SEWER
LINE UNDER THE BURTON HOME (LOTS 4 & 10,
BLOCK 1~, SETON
22. INFORMATION/MISCELLANEOUS:
Department Head Monthly Reports for June 1987.
School Board Minutes of June 8, 1987.
C. LMCD 1988 Budget.
De
Memo From E.A. Hlckok and Associates, Engineer for the
Minnehaha Creek Watershed District on Lake Level, Flow and
Precipitation for April and May.
Ee
Letter from Police Chief to Around Mound 5 Mile Run thanking
them for $100 donation. Police assisted in traffic control
and security during 'the race.
F. Planning Commission Minutes of June 22, 1987.
The Police Chief. introduced the newest Police Officer, Todd
Limond.
MOTION made by Abel, seconded by Jensen to adjourn at 9:15
P.M. The vote was unanimously in favor. Motion carried.
Edward J. Shukle, Jr., City Manager
.Fran Clark, CMC, City Clerk
'BILLS JULY 14, 1987
Batch 874063
Batch 874064
Computer Run dated 7/8/87 '.
Computer Run dated 7/9/87
144,86~.48
~3,688.14
Total Bills
228,557.62
Delinquenc WaCer and Sewer
7-23-87
33 406 2628 61
33 424%738
33 439 4681 42
33 442 4578 61
33 466 4937 31
33 475 4707. 12
33 484 3134
33 4~4 3201 81
33 484'3331 36
33 484 5072 11'
33 507 4524 01
33 518 4717 72
33 524 3122 91
33 539 4838 71
33 545 4823 66
33 548 3107 93
33 551 3090 1I
33 578 2841 11
/
33 587 3021 02
33 590 5226 72
33 593 5125 51
33 596 4724 91
33 596 5138 11
33 599 4535 31
33 635 5123 91
33 638 3246 41
J. Kinneberg Pd. $149.83
Gary Paulsen Pd'~ 83.~3
John Zamborl * 162.81
Jeff Allison 141.O8
James Grady Pd. 114.24
Ken Kowalke 95.45
Mark Webster Pd. 70.02
Richard Gehlaye Pd. 214.34
Jim Casey 157.93
Corkey Roeh] 370.61.
Leanard Lindblom Pd. 157.04
Charles Ham 132.30
Paul Wagener 83.93
Ralnd Sarles 197.94
Marvin BentsfieldPd. 196.07
RobNaughton Pd. 75.41
T.M.Wi]son 133.11
Greg Bruzenak 154.23
Rick Jostrom Pd. 170.97
Gary Uzlik 66.63
Lyle Hall 164.40
Kevin Smith Pd. 46.68
Eric Berg Pd. 103.74
L. Rousseau 104.19
Barbara Miller 64.90
Ken Kowalke 95.07
*made arrangements
$3506.85
$2124.58
2628 Tyrone Ln.
'4738 Galway Rd.
4681Wilshire Blvd.
4578 Denbigh Ln.
4937 Brunswick Rd.
4707 Manchester Rd.
3136 Tuxedo Blvd.
3201 Tuxedo Blvd.
~31 TuXedo Blvd.
5072 Tuxedo Blvd.
4524 Stirling Rd.
4717 Hampton Rd.
3122 Drury
4838 Glasgow Rd.
4823 Lanark Rd.
3107 Argyle Ln.
3090 Alexander Ln.
2841 Marlboro Ln.
3021 Brighton Blvd.
5226 Windsor Rd.
5125 Drummond Rd.
4724 Hanover Rd.
5138 Hanover Rd
4535 Aberdeen Rd.
5123 Waterbury Rd.
3246 Warner Ln.
Delinquent Water and Sewer 7-23-87
33 406 2628 61
33 424"4738 41
33 439 4681 42
33 442 4578 61
33 466 4937 31
33 475 4707 12
33 484 3134 11
33 4~4 3201 81
33 484 3331 36
33 484 5072 11
33 507 4524 O1
33 518 4717 72
33 524 3122 91
33 539 4838 71
33 545 4823 66
33 548 3107 93
33 551 3090 11
33 578 2841 11
33 587 3021 02
33 5'90 5226 72
33 593.5125 51
33 596 4724 91
33 596 5138 11
33 599 4535 31
33 635 5123 91
33 638 3246 41
$149.83
832~3
162.81
114.24
95.45
70.02
214.34
157.93
370.61.
157.04
132.30
83.93
197.94
196.07
75.41
154.23
170.97
66.63
164.40
46.68
103.74
104.19
64.90
95.07
$3506.85
RESOLUTION 87-
Proposed Resolution
Case # 87-651
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION, TO
APPROVE A SIDE YARD SETBACK VARIANCE FOR LOT'2, BLOCK
21, SHADYWOOD POINT; PID #13-117-24110070 P & Z COMMIS-
SION CASE # 87-651
WHEREAS, The applicant, Mr. Gerald Joseph Berent, is requesting
a 3.3 foot side yard setback variance to construct a second floor on top of
an existing single story residence in line with the existing wall within
2.7 feet of the West property line; and
WHEREAS, the R2 single family zoning district requires 6 foot side
yard setbacks to the property line and the detached accessory building is
.4'. from the lot line and requires an 8 foot setback to the right-of-way and
a 4 foot setback to the East property line; and
WHEREAS, the Planning Commission has reviewed the. request and has
recommended the 3.3 foot side yard variance and recognizFng the existing
non-conforming detached accessory building.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Mound, Minnesota, does hereby approve the recoginition of the existing detached
accessory building and approve the requested 3.3 foot side yard setback to
allow the construction of a second story dwelling within 2.7 feet of the West
property line upon a condition that it meet building code requirements, the
drainage is diverted to the North lakeshore away from the adjoining properties
with gutters and a'12" .o~e~hang as shown On the Exhibit A for. Lot 2, Block
21, Shadywood Point; PID #13-117-24110070 (5008 Enchanted .Road).
CASE NO. 87-651
TO: Planning Commission, Applicant and Staff
FROM: Jan Bertrand, Building Official ~
Planning Commission Agenda of July 13, 1987
CASE NO. 87-651
APPLICANT: Gerald Joseph Berent
LOCATION: 5008 Enchanted Road
LEGAL DESC.: Lot 2, Block 21, Shadywood Point; PID 13-117-24 ll 0070
SUBJECT: Side yard setback variance
EXISTING ZONING: R-2 Single Family Residential
PROPOSAL: The applicant is proposing to construct a second floor on top of an
existing single Story residence. The current structure contains 878 square feet
and the proposed addition will approximately double the existing floor area.
The existing structure contains a side yard setback of 2.7 feet and 18 feet.
The north setback to lakeshore is 64 feet and the setback to the south front
yard is 43.15 feet+. The Zoning Code requires 50 foot lakeshore; a 6 foot side-
yard setbacks and a 20 fo°t street front setback. The application of the Zoning
Code resul.ts in the requested 3.3 foot sideyard setback to the west property
line.
COMMENTS: The existing structure is nonconforming due to inadequate side yard
setback. However, in 1971, a buil.ding permit was obtained to construct a new
foundation with.concrete floor on the existing building. The Ordinance forbids
alterations of nonconforming residential units when the improvements increase
the bulk of the building. A doubling of floor area obviously increases the bulk
of the building. There was'no record, of a variance granted before the building
permit in 1971.
RECOMMENDATION: If the~variance is granted, staff would recommend that the second
floor addition stay in linewith the 4.8 foot setback to the west lot line as the
home does jog 2 feet. out to the west and could possibly be constructed to remain
3 feet or more from the property line. The Building Code allows no openings and
a 1 hour fire rated construction less than 3 feet to the lot lines on single family
homes. The drainage mentioned in the applicant's letter could be diverted to the
north and toward the lakeshore away from the adjoining property owners. There is
room on the property to construct an addition in another location that would con-
form to the Zoning Ordinance setback requirements.
The abutting neighbors have been notified.
Photographs on file.
This will be referred to the City Council on July 28, 1987 meeting.
JB/ms
JB/ms
MOUND ADVISORY PLANNING COMMISSION MEETING
JULY 13, 1987
Present were: Chairman Tom Reese, Commissioners Vern Anderson, William Meyer, Geoff
Michael, Ken Smith, -Brad Sohns, William Thal, and Frank Weiland; Council Representatis
Elizabeth Jensen, City Manager Ed Shukle, 'City Planner Mark Koegler, Building Official
Jan Bertrand, City Engineer John Cameron, and Secretary Holly McLaughlin.
Also present were the following interested persons: Gerald Berent, Gene Berent, J Ned
Dow, ~ixie Dow, Leon Heller, Harley Jordan, Jerry Kohls, Paul Larson, Brian Johnson
Paul. &'nd-Pat Heisel.
The meeting was called to order at 7:30 p.m.
Chairman Re,se added a 17%."grade".to the June 8, 1987 minutes on page 3. He al~o
questioned the process of making corrections stating not having the entire context
could have.bearing on future decisions. Smith motioned and Meyers seconded. The
vote was unanimous .to approve.
The minutes of June 22~:: 1987 correct the recognition of Steve as the Mayor and
added the phrase "availability of land· t9 park R.V.'s". W~iland motioned and
Sohns seconde~ the vote was unanimous to approve. ,.
BOARDOFAPPEALS "
Case No. 87-651 Side yard setback variance for 4695 Hampton Road. Lot 2,
Block 21, Shadywood Point, PID 13-117-24 11 0070, Gerald Berent was present.
A.variance requeq.t for ~.3 feet sideyard setback to the west property line.
Berents stated to go outward to the lake is objected by neighbors. He needs to
build up for the addition of two bedrooms and a full bath for his wife and two /
children. Jensen proposed to treat this as practical difficulty and Sohns agreed.
-Motion by Smith to approve a 3.~ foot variance including a 12'b~erhan9:, seconded
by Weiland. The vote was unanimously in favor. Goes before the council July 28.
Case No. 87-652 Minor subdivision for 4695 Hampton Road, Lots #13 an~ 14, part
of lots 28, 29, 30, and'31, Block 9, Pembroke, PID 19-117-23 33 008010087, Leon
Heller was present. '-
A subdivision request for a portion· of the rear Lot 13 from Paisley Road to correct
a drivew?y encroachment on the adjoining property.
Anderso~ motioned and Weiland seconded approval of the subdivision. The vote
was unanimously in favOr.. ~.
Case No. 87-653 Lot size variance for 4994'Manchester Road Lot 12, Block 33,
Wychwood, PID 24-117-24 42 0005, J. Ned and Dixie Dow were present.
A variance of 6.5 feet with conforming setbacks is requested by Dow. Dow states
that his home is too small to add a second floor, the first floor would be ruined.
Smith states that this is "back to the commons problem again." The council is
not in favor of expanding on 4700 foot lots, it's a case of practical difficulty.
With the commons'.and two roads on either side there is breathinRiroom. We|land
favors the comment that he can't consider it as his property for {eniargement--
it is part of the commons.
Motion by Anderson to approve the variance, seconded by Michael. The vote
was unanimous.
'' ..... "r ,~?,-ff'j
Street Address of" Pr61~
CITY OF ~OUND
Case .o., ~?- 4~',
Fee Paid 0~ ~
D&te Filed
>LICATION TO PLANNING & ZONING COHHISSION
(Please type the'.following information)..
:rty ~008 ]i~cbaate~oa~ Mom~i, )ha. 553(,h.
Legal Descri'ptilOnof Property: Lot 2
Additi'on ~:U~O0.~ POlar..
Owner's Name
Address 5008 ]i:l:tC]laatee[ I[0~d . J~0ttae[, ](1:to ~3(~
Block
e , o .o. "'11
Day Phone No.
Applicant '(if other than o~ner):
Name
Address
Day Phone No.
Type of Request: (Z) Variance ( ) Conditional Use Permit
( ) Zoning Interpretation & Revie~
(.') ~etland Permit ( ) P.U.D.
*If ot~er, specify:
( .) Amendment
( ) Sign Permit
( )*Other
~resent ~oning District ~-~- '"
Existing Use(s) of Property x4~t.~,~. /~_~, A~/~,,
. / - -.-- ,
Has'an application ever been made for zonir~/l~ariance, or condltional'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 requlred
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 offlcial of the City
of Hound for the purpose of inspecting, or of posting, maintaining 'and removing Such
notices as may be requided by law.
Signature of Applicant~_-/~~~ ~r~ Date(?~/~'7.
Planning Commission Recommendation:
Date
Council Action:
Resolutlon No.
Date ~/~g
Request'.for Zonl.ng Variance Procedure (2)
Case
D. Location of: Signs, easements, underground utilities, e~c.
E. Indicate North compass direction
.F. Any additional information as may reasonably be required by the City Staff
and applicable Sections of the Zoning Ordinance.
III. Request for a Zoning Variance
A. All Information below, a site plan, as described in Part II, and general
application must be provided before a hearing wlll be scheduled.
B. Does the present use of. the property'conform to ~l~Yuse regulations for
the zone district In which it is located? Yes (~/) No ( )
If 'nott, specify each non-conforming use:
Ce
Do the existing structures' comply with all area height/and bulk regulatlons
for the zone district in which it ls located? Ye~ ~(~) No' ( )
If 'no~, specify each non-conforming use:
O. Which unique physical characteristics of the subject property prevent its
reasonable use for any of the uses.permitted in that zoning district?
(/) .Too n~rrow (~ Topography' '. ( ) Soil
C ) Too. small ~ ) Drainage · . ( ) Sub-surface
( ) Too shallo~ ( ) 'Shape ( ) Other: Specify:
E. Was the hardship d~scribed above created by the action of anyone having
property interests in the land after 'the Zoning Ordinance was adopted?
Yes ( ) No (~/) If yes, explain:
Was the hardship created by any Drier man-made change, such as the reloca-
tion of a road? Yes ( ) No~/) If yes, explain:
Are.'the conditions of hardship for which you request a variance peculiar
only to the property described in this petition? Yes
If'no, how many other properties are similarly affected?
hat ls the "minimum'~ modification (variance) from the area-bulk regulatlons
~mhat will permit you to make reasonable use of your land? (Specify, uslng
aps, site plans with dimensions and written explanation. Attach additional
sheets, if necessary.)
I. Will granting of the variance be materially detrimental to property in the
same zone, or to the enforcement of this ordinanoe?
Prepared for:
GERALD BERENT
LEGAL DESCRIPTION:
Lot 2, Block 2i, SHADYWOOD POINT,
according to the recorded plat
thereof, Hennepin County, Minnesota.
GENERAL NOTES
o Denotes iron monument
' *" Denotes cross chiseled in concrete
x 939.7 Denotes existing spot elevation
[~ Denotes proposed spot elevation
( Denotes surface drainage
Dashed contour lines denotes proposed features
Solid contour lines denotes existing features
.... ALL-METRO LAND
SURVEYORS
2340 Daniels Street
Long Lake, Minnesota 55356
Ph; 475- 1433
Proposed top of foundation elevation =
Proposed basement floor elevation =
Propc~sed garage floor elevation =
BENCHMARK:
1' hereby certify that this eurvey plan or report
wes prepared by me or under my direct supervsion
and that I am a duly Regietered Land Surveyor
under the laws of the Slate of Minnesota.
SCALE
BOOK PAGE
FILE NO.
870 -A
City Planning Cammisa~on
Mu. 553~
1~ ~une 8~
lam requesting a zoning variance for the purpose" of adding a
second story to our house. After t~lking with the city building in-
spector, I understauA that this is a requirement that must Be met be-
fore a Builling permit can Be issued. The following reasons will Just-
ify why a variauce shoulA be granted aaa why this is the only ~ay
possible for us to make the necese~ry expansion improvemen~s on our
house.
An aAiition on the front (lake) side of the house is not poe-
siBle Because of two main reasons.
(1) The front of our house an& that of our neig~Bors on each
slaw are roughly equal distance from the lake shore. If we were forced
to put au addition on that side of the house:it would lmpare the laXe
views of at leas~ one of our neighbors. (~ee 1~o~o ~A ~ak~n from a'ou~t-
lng propeA'~y owner's ~.un~ ya~A). Tale woul~ create an ~air situation
for them that they have stated they would not accept. (See attached
letter from abutting property owner).
(2) There is a steep-Bank down to the lake(See certificate of
survey) begi~dng at the iron monuments down to ~ter level. An aAdition
large enough to give us the two a~lditional Belrooms we seek would elim-
inate most of our usable front yard.
~u a~dition o~ the ~ack (street) side of the house is not poe-
slble Because 'of two main reasons.
(1) The trivewa~ a~A garage are elevat.e~ 'approximately five feet
from the Back yard. ( Zee photo ~2 taken from main entrywa~ of house).
~.n addition large enough to give us the two ad~itional be~roms we
seek would not only eliminate all of our Back yar~, it would also put
the main entranoe to our house right a.t the base of the steps leading
to the elevated iriveway. This unique sitnation woul~ amoung other
th!..ngs create a potential safety problem.
(2) The potential for water damage would exist Because of run-
off from the &riveway and garage roof. ~intertime snow removal is usual~
pushed off the ~rivewa~ down into the yard. A large pile of snow could
cause major problems during spring melting.
I would also like to state 'some reasons why this variance sh°Ul'A
Be ap~rove~. They ~re:
(1) It would of course increase the value. of the prol~erty. J
(2) I~ reducing the width of the so~fet on the side in question
it would iacrease the actual distance Between the houses by at least one
foot. (See photo ~3). ~ith the ~ldition of gutters on that si&e it would
elimiuate any' potential w~ter problems that could arise.
(3) I have the full endorsement from the abutting property owner.
($) In 1971 the city of Mound a~proveA a Building permit for the
construction of a new foun~ation au~ basement floor. Since the current
zoning regul~ions were in effect then, the city thereby appr.oveA construct-
ion on the heuse in its present location prior to this request.
(5) The house in its current condition is lower in elevation than that
of the abutting property owners homes. A seconA s~ory eo~f~et not make
the ~ouse stiC~ OUt fro,,, o~ar houses nea~.by, Du~ :vouAA make ~'~ ~ox'e
~n line w~th them ~n elevat~o~o
(6) Major repairs are requlreA on the current roof. These must be accompllsheA
~rlor to winter.
In closing I voulA like to sa~ that this family, greatly enjoys
living in Mou~d. We woulA like to.make .tkie ho~e something ~that both we
and the neighborhood Can be prouA of. We are available at all times ~o
answer any questions you might have. Our home is also available for your
inspection. Th~ You.
~'eralA J~ ~erent
Pamela R...]~erent
%008 EnChanteA RA.
June 1987
Jan Bertram
Building Inspector
City of Mound
Mound, MN 55364
De~r Ms. Bertram,
We endorse Gerald and Pamela Berent's, 5008 Enchanted Rd., Mound,
proposal to add a second floor addition to their current residence.
To not allow the addition of a second floor would:
put the new addition on the back (North side) of the house
which would block our view of the lake.
put the new addition in the front (South side) of the house'
would take up the entire front yard.
put the addition on our side (West) would'encroach on the
.property line and leave them without a side yard.
put the addition on the other side (East) would not.allow
enough space to be properly integrated into the existing house's
structure and would look like a "tack on" addition.
All.the above solutions are not acceptable to us as a neighbor.
We endorse the second floo~ addition because:
We have seen the plans and feel the addition would enhance the
existing property.
would solve the existing problem of water runoff with the instal-
lation of gutters.
The objections to other means of addition are~az~st~ng~acn~
f~lt'on our part.
We are confident that the Berent's Will do a professional looking
job on the addition.
If you have any further questions on our feelings about this matter,
please feel free to call us.
Sincerely, ,
and Linda Caravelli
Gregory'
5016 Enchanted Rd -
Mound, MN 55364
472-5788
cc: Gerald and Pamela Berent
MOUND.~85
~ .z 7- ~ ,s'/
Proposed Resolution
Case #87-652
RESOLUTION 87-
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO
APPROVE A MINOR SUBDIVISION FOR LOTS 13 & 14; PART OF
LOTS 29, 30 & 31 AND THE EAST 20 FEET OF LOT 28, BLOCK
9, PEM~ROOK SUBDIVISION; PID #19-117-2333OO80/O087
P & Z COMMISSION CASE # 87-652
WHEREAS, the minor subdivision of the Lots in Block 9, Pembrook
Addition has been submitted in the manner required for platting of land
under the City of Mound Ordinance Code, Section 330 and under Chapter 462
in the Minnesota State Statute and all proceedings have been duly conducted
thereunder; and
'WHEREAS, an application to waive the subdivision requirements
contained in Section 330 of the City Code has been filed with the City
of Mound; and
WHEREAS, said request for waiver has been reviewed by the Planning
Commission and the City Council; and
WHEREAS, it has been determined that there are special circum-
stances affecting said properties such that the strict application of
the ordinance would deprive the applicant of the reasonable use.of his
land; and that the waiver is necessary for the preservation and enjoyment
of the substantial property rights;~and that granting the waiver would not
be detrimental to the public welfare or injurious to the other property
owners.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, the City of
Mound, Minnesota; the request of the apPlicant for the waiver from the
property of less than 5 acres, described as follows: Lots 13 & 14, that
part of Lots 29, 30 & 31 and of the East 20 feet of Lot 28 lie North of
a line and its extensions parrallel with an 80 feet Northeasterly as
measured at right angles to the Southwesterly line of said Lots 28, 29,30
& 31, Block 9, Pembrook, according to the plat thereof on file or of record
in the Office of the Registrar of Titles in and for said county.
PID #19-117-23330080/O087
It is hereby granted to permit the subdivision in the following
manner as per Exhibit (A);
Parcel A: Lot 13 & 14, Block 9, Pembrook Subdivision, Mound,
Minnesota except that part as described as follows: that
part of Lot 13, Block 9, Pembrook~ according to the recorded plat
thereof described as follows: beginning at the Southeast corner
of Lot 14, Block 9, Pembro0k; thence Southerly along the Westerly
line of said Lot 13 to the most Southerly corner of said Lot 13;
thence Northeasterly along the Southeasterly line of said Lot 13, a
distance of 23.75 feet; thence Northwesterly to the point of the
beginning.
Page 2
Proposed Resolution
Case # 87-652
Bo
Co
Parcel'B: That part of Lot 29, 30 & 31 and of the East 20 feet
of Lot 28 lying North'of the line and its extensions parrallel
with and 80 feet Northeasterly as measured at right angles to
the Southwesterly line of. said Lot 28, 29, 30 and 3i, Block 9,
Pe~brook, according the to plat thereof on file of record in
the Office of the Registrar of Titles in and for said county;
also that part of Lot 13 described as follows: that part of
Lot i3, Block 9, Pembrook, according to the recorded plat
thereof described as follows: beginning at the Southeast corner
of Lot 14, B'lock 9, Pembrook; thence Southerly ~long the Westerly
line of said Lot 13 to the most Southerly corner of said Lot 13;
thence Northeasterly along the Southeasterly line of sald Lot 13
the distance of 23.75 feet; and thence Northwesterly to the point
of the beginning.
It is determined that the foregoing subdivision will constitute a
desirable and stable community of development and it is in harmony
with adjacent properties.
The City Clerk is authorized to deliver a certified copy of this
resolution to the applicant for filing in the Office of the
Registrar of Deeds, or the Registrar of Titles of Hennepin County
to show a compliance with the subdivsion regulations of the city.
This lot subdivision is to be filed and recorded within 180 days
of the adoption date of this resolution.
CASE NO. 87-652
TO: Planning Commission, Applicant and Staff
FROM: Jan Bertrand, Building Official. 8~
Planning Commission Agenda of July 13, 19
.CASE NO. 87-652
APPLICANT: Leon A. and Evonne M. Heller
LOCATION: 4695 Hampton Road
LEGAL DESC.: Lot 13, LOt 14~ Parts of Lots 28, 29, 30 and 31, Block 9, PembrOke;
PID Numbers 19-117-23 33 0080/0087
SUBJECT: Minor subdivision
EXISTING ZONING: R-1 Single Family Residential
The applicant is requesting.to subdivide off a portion of the rear of Lot 13
from Paisley Road to correct a driveway encroachment problem on the adjoining
property. The R-1 Zoning District requires lot areas of 10,000 square feet and
lot widths of 60 feet, and frontage on an improvement public right-of-way.
RECOMMENDATION: Staff recommends approval of the minor subdivision and waiver
of the public.hearing. This wi'11 provide a subdivision of land in the following
manner:
Parcel A: Lot 13 and 14, Block 9, Pembroke Subdivision, Hound, Hinnesota, except
that part described as follows: That part of Lot 13, Block 9, Pembroke, according
to the recorded plat thereof described as follows: Beginning at the southeast cot-
-net of Lot 14, Block 9, Pembroke; thence southerly along the westerly line of said
Lot 13 to the most southerly corner of said Lot '13; thence northeasterly along the
southeasterly line of'said Lot 13 a distance of 23.75 feet; thence' northwesterly
to the point of beginning.
Parcel B: That part of Lots 29, 30 and 3-1 and of the East 20 feet of Lot 28 lying
North of a line and its extension parallel with and 80 feet Northeasterly as
measured at right angles to the Southwesterly line of said Lots 28, 29, 30 and 31,
Block 9, Pembroke, according to the plat thereof on file or of record in the office
of the ~egistrar of Titles in and for said County; also that.part of Lot 13 des-
cribed as follows: That part of Lot 13, Block 9, Pembroke, according to the re-
corded plat thereof described as follows:. Beginning aL the southeast corner of'
Lot 14, Block 9, Pembroke; thence southerly along the westerly line of said Lot
13 to the most southerly corner of said Lot 13; thence northeasterly along the
southeasterly line of said Lot 13 a distanc~ of 23.~75 feet; thence northwesterly
to the point of beginning.
These parcels will conform to the Zoning Ordinance requirements for platted parcels.
The abutting neighbors have been notified.
This will be referred to the City Council on July 28th, 1987 meeting.
. MINU~ OF THE
MOUND ADVISORY PLANNING COMMISSION MEETING
JULY 13, 1987
Present were: Chairman Tom Reese,. Commissioners Vern Anderson, william Meyer, Geoff
Michael, Ken Smith, Brad Sohns, William Thal, and Frank Weiland; Council Representative
Elizabeth Jensen, City Manager Ed Shukle, City Planner Mark Koegler, Building Official
Jan Bertrand, City Engineer 3ohn Cameron, and Secretary Holly McLaughlin.
Also present were the following interested persons: Gerald Berent, Gene Berent, J Ned
Dow, ~ixie Dow, Leon Heller, Harley Jordan, Jerry Kohl$, Paul Larson, Brian Johnson
Pau! ~nd-,Pat Meisei.
The meeting was called to order at 7:30 p.m.
Chairman Reese added a 17% "grade" to the June 8, 1987 minutes on page 3. He also
questioned the process of making corrections stating not having the entire context
could have bearing on future decisions. Smith motioned and Meyers seconded. The
vote was unanimous~to approve.
The minutes of June 22~ 1987 correct the recognition of Steve as the Mayor and
added the phrase "availability of land tQ park R.V.'s". Weiland motioned and
Sohns seconde~ the vote was unanimous to approve.
BOARD OF APPEALS
1. Case No. 87-651 Side yard setback variance for 4695 Hampton Road. Lot 2,
Block 21, Shadywood Point, PID 13-117-24 11 0070, Gerald Berent was present.
Alvariance requept for 3.3 feet sideyard setback to the west property line.
Berents stated to go outward to the lake is objected by neighbors. He needs to
build up for the addition of two bedrooms and a full bath for his wife and two
children. Jensen proposed to treat this as practical difficulty and Sohns agreed.
· Motion by Smith to approve a 3.~ foot variance including a 12'b~erhan§], seconded
by Weiland. The' vote was unanimously in favor. Goes before the council July 28.
Case No. 87-652 Minor subdivision for 4695 Hampton Road, Lots #13 a~d 14, part
of lots 28, 29, 30, and'31, Block 9, Pembroke, PID 19-117-23 33 008010087, Leon
Heller was present.
A subdivision request for a portio~ of the rear Lot 13 from Paisley Road to correct
a driveway encroachment on the adjoining property.
Anderson motioned and Weiland seconded approval of the subdivision.
was unanimously in favor.
The vote
Case No. 87-653 Lot size variance for 4994 Manchester Road Lot 12, Block 33,
Wychwood, PID 24-117-24 42 0005, J. Ned and Dixie Dow were present.
A variance of 6.5 feet with conforming setbacks is requested by Dow. Dow states
that his home is too small to add a second floor, the first floor would be ruined.
Smith states that this is "back to the commons problem again." The council is
not in favor of expanding on 4700 foot lots, it's a case of practical difficulty.
With the commons and twO roads on either side there is breathing room. Weiland
favors the comment that he can't consider it as his property for!enlargement--
it is part of the commons.
- -" ICATION FOR SUBDIVISION OF LAND
"': :~ - '.~:'i fl ~ec.- . - ~ ~' 7 -'~. ~-.z_
JUN 2 3 1987 ! VILLAGE OF MOUND
FEE OWNER PLAT PARCEL
Leon A. Heller
Evonne M. 'Heller '
7525 Harold Ave.
Golden Valley, Mn. 55427
Location end complete legal description of property to be divided:
~ ~, Block 9, Pembroke Subdivision, Mound,
Address, . 4695 Hampton Road,
Minnesota
Mound, 64
Mn. 5~3.
To be divided as follows: See attac~ed sheet for following descriptions. (a) 4695 Hampton Road, Mound, Mn. - (before dividing)
(b) 4695 Hampton Road, Mound, Mn. - (after dividing)
(c) 3t01 Paisley. Road, Mound, Mn. - '(before dividing)
(d) 3101 Paisley Road, Mound, Mn. - (after dividing)
All supporting documents~ such as sketch plans, surveys, attachments, etc.
submitted in 8½" X 11" size and/or '1~ copies plus one 8½"' X 11"-cop¥.
(attach survey or scale drawing showing adjacent streets., dimension of proposed
building sites, square foot area of each new parcel designated by number)
mus,,t, be,
A WAIVER IN LOT SIZE IS REQUESTED FOR:
New Lot No. . From
Square feet TO Square feet
Reason:
(signature)
'ADDRESS 7525 Harold ~ve. DATE22
Golden Valley, Mn. 55427
Applicant's interest in the property: Owners
This application must be signed by all the OWNERS of'the property, or an explan-
ation given why this is not the case. "---- -
June 1987
PLANNING COMMISSION RECOMMENDATION:
~ %'~1 DATE
(a)Lot 13 & 14, Block 9, Pembroke subdivision, Mound, Minnesota.
(b)Lot 13 & 14, Block 9, Pembroke subdivision, Nound, Ninnesota,
except that part described as follows: That part of Lot 13,
Block 9, PENBROKE, according to the recorded plat thereof
~e~er~e~ as ~o~lows, ~eg~rn~g at the southeast corner of
Lot 14, Block 9, PENBROKE; thence southerly along the wester-
ly line of said Lot 13 to the most southerly corner of said Lot
13; thence northeasterly along the southeasterly line of said L
Lot 13 a distance of 23.75 feet; thence northwesterly to the
point of beginning.
(C)That part of Lots 29, 30 and 31 and of the East 20 feet of
Lot 28 lying North of a line and its extension p~arallel with
and 80 feet Northeasterly as measured at right angles to the
· Southwesterly line of said Lots 28, 29, ~30 and 31, Block 9,
Pembroke, according to the plat thereof on ~file or of record
in the office of the Registrar of Titles in and for said
County.
(d)That part of Lots 29, 30 and 31 and of the East 20 feet of
Lot 28 lying North of a line and its extension parallel with
and 80 feet Northeasterly as measured at right angles to the
Southwesterly line of said Lots 28, 29, 30 and 31, Block 9,
Pembroke, 'according to the plat thereof on file or of record
in the office of the Registrar of Titles in and for said
County; also that part of Lot 13 described as follows,· That
part of Lot 13, Block 9, Pembroke, according to the recorded
plat thereof described as follows: -Beginning at the southeast
corner of Lot 14, Block 9, Pembroke; thence southerly along
the westerly line of said Lot 13 to the most southerly corner
of said Lot 13; thence northeasterly along the southeasterly i~
line of said Lot 13 a distance of 23.75 feet~ thence north-
westerly to the point of beginning.
' 4 2 ~?~.L2.6~7 "
,,
SURVEY FOR: Wintersun HOmes, .Hr. Lee Heller., '"' , "'
· ' '7525 Harold Avenue~, O~lden Yalley,' Minn. 55a27
DESCAIPTION; Lo=s 13 ahd,i4, ~lockiP, PEMBROKE, ¢$t~ of Mound, Hennepin County, ~innesota.
o Denotes Irou Monumen~
xxx.x Denotes Exis~in§ Ground ~leva~ions. :'
[xx.x] Denotes Proposed Final Grade EleYa~ions.
B.M. Top of hydran~ a~ Cumberland and Devon Ele¥/
1:
southea",t corner of/
Lot t~ ~
PROPOSED
'CA~^C~ FnOOR £n~V./Ot_._~,~
LO%{ER FLOOR ELEV.iOI~,~
I hereby ccrti[y that this survey was
~re, p',~-ed ~y me or undec my direct supe~-
vision and that I am.~ duly R,:~istered .
r-
Tha~ part .of Lot 13, Bloc~ 9, PEMBROKE, according ~o the recor~e~ pla~ ~hereof
described as follows:
Beginning-a~ ~he southeast' corner of ,Lo~ 14,' Block 9, PEMBROKE; ~enCe southerly
a$ong the westerly line of said'Lot 137to the most southerly corner of said Lot
13; thence northeasterly a~ong ~he sou{heasterly line of said Lo~ 13 a distance
of 23.75 feet; thence ngrthwes~erly to!~he p.oint of begiDning.
,/
HAMPTON
49 ~50 5~
16 15 14
L
id,
27
)6 ,79
,(; ¢ (,;
Proposed Resolution
Case #87-653
RESOLUTION 87-
RESOLUTION TO CONCUR WITH THE PLANNING COHHISSION TO
APPROVE A LOT SIZE VARIANCE FOR LOT 12, BLOCK 33, WYCHWOOD:
PID #24-117-24420005 (4994 Hanchester Road) P & Z COMMISSION
CASE 87-653
WHEREAS, J. Ned Dow, owner of the property has requested a
variance in lot size to add an addition of 6.5 feet to the South of his
property and construct a new deck on his property all with conforming
setbacks to the property line under the provisions of the zoning ordinance;
and
WHEREAS, the R2 zoning district requires a 6 foot interior side
yard and' a 10 foot side yard abutting the Manchester right-of-way, the
20 foot front yard setback to Cambridge, a 15 foot rear yard setback to the
West with a 10 foot setback to a deck; and
WHEREAS,,the Planning Commission has reviewed the request and does
recommend the lot size variance.
NOW, THEREFORE, be it resolved that the City Council of the City of
Mound, Minnesota, does hereby approve the lot size variance to build on the
lot an addition with conforming zoning setbacks in the R2 zoning district for
Lot 12, Block 33, Wychwood; PID # 24-117-24420005 (4994 Manchester Road).
CASE NO. 87-653
TO: Planning Commission, Applicant and Staff
FROM: Jan Bertrand, Building Official (~
Planning Commission Agenda of July 13, 198
CASE NO, 87-653
APPLICANT: J. Ned Dow
LOCATION: 4994 Hanchester Road
LEGAL DESC.:' Lot 12, Block 33, Wychwood; P!D 24-117-24 42 0005
SUBJECT: Lot size'variance
EXISTING ZONING: R-2 Single Family Residential
PROPOSAL: The applicant' is','proposing to add an additio~ of 6.5 feet to the
south of his.property with conforming setbacks .to the property lines on an'under-
sized 47 by 100 foot lot. .
The R-2 Zoning District requires a 6 foot interior side yard and a'10 foot'side
yard abutting the Manchester right-of-way, a 20 foot front yard setback to Cam-
bridge.and a 15 foot rear yard setback to Zhe west Brighton Commons with a 10
foot setback ~to a deck. The existing dwelling has a 6.5 foot setback to the north,
a 16.2 foot setback to the south, a 15.8. foot setback to the lakeshore on the west
side from the reer property line and a 9.0 foot setback to the deck, and a 20 foot
setback abutting Cambridge.
RECOMMENDATION: A variance of lot size was granted for the property to build
upon the lotJ. Staff would 'recommend that the addition requested be granted and
'that it conform to all Zoning setbacks for the R-2'District. Recognize the
existing 9.0 'foot setback from the property line to the existing deck. Any
addition to the deck should conform with the 10 foot setback requi'rement to the
rear lot line (on the west side) to afford the owner reasonable use of his land.
The abutting neighbors have been notified'.
This Will be referred'to the City Council on July 28, 1987.
JB/ms
. MImYrEs OF THE
MOUND ADVISORY PLANNING COMMISSION .MEETING
JULY 13, 1987
Present were: Chairman Tom Reese, Commissioners Vern Anderson, Wiiliam Meyer, Geoff
Michael, Ken Smith,-Brad Sohns, William Thal, and Frank Weiland; Council Representative
Elizabeth Jensen, City Manager Ed Shukle,-City Planner Mark Koegler, Building Official
Jan Bertrand, City Engineer John Cameron, and Secretary Holly McLaughlin.
Also present were the following interested persons: Gerald Berent, Gene Berent, J Ned
Dow. ~ixie Dow. Leon Hell,r. Harley Jordan. Jerry Kohl,. Paul Larson. Brian Johnson
Pau~ ~nd--Pat Meisel. ~-
The meeting was called to order at 7:30 p.m.
Chairman Reese added a 17% "grade" to the June 8, 1987 minutes on page 3. He also
questioned the process of making corrections stating not having the entire context
could have bearing on future decisions. Smith motioned and Meyers seconded. .The
vote was unanimous ,to approve.
The minutes of June 22~: 1987 correct the recognition of Steve as the Mayor and
added the phrase "availability of l~nd t9 park R.V.'s". Weiland motioned and
Sohns seconde~ the vote was unanimous to approve.
BOARD OF APPEALS
Case No. 87-651 Side yard setback variance for 4695 Hampton Road. Lot 2,
Block 21, Shadywood Point, PID 13-117-24 11 0070, Gerald Berent was present.
A.variance requegt for 3.3 feet sideyard setback to the west property line.
Berents stated to gooutward to the lake is objected by neighbors. He needs to
build up for the addition of two bedrooms and a full bath for his wife and two t
children. Jensen proposed to treat this as practical difficulty and Sohns agreed.
-Motion by Smith.to approve a 3.~ foot variance including a 12'b~erhang'., seconded
by Weiland. The' vote was unanimously i~ favgr. Goes before the council July 28.
Case No. 87-652 Minor subdivision for 4695 Hampton Road, Lots #13 and 14, part
of lots 28, 29, 30, and'31, Block 9, Pembroke, PID 19-117-23 33 008010087, Leon
Heller was present.
A subdivision request for a portion' of the rear Lot 13 from Paisley Road to correct
a driveway encroachment on the adjoining property.
Anderson motioned and Weiland seconded approval of the sUbdivision. The vote
.was'unanimously in favor.
case No. 87-653 Lot size variance for 4994 Manchester Road Lot 12, Block 33,
Wychwood, PID 24-117-24 42 0005, J. Ned and Dixie Dow were present.
A variance of 6.5 feet with conforming setbacks is requested by Dow. Dow states
that his home is too small to add a second floor, the first floor would be ruined.
Smith states that this is "back to the commons problem again." The council is
not in favor of expanding on 4700 foot lots, it's a case of practical difficulty.
With the commons.and two roads on either side there is breathlnglroom. Wel]and
favors the comment that he can't consider it as his property for,!enlargement--
it is Part of the commons.
Motion"by Anderson to approve the'variance, seconded by Michael. The vote
was unanimous.
Goes before the council July 27, 1987.
APPLICATION TO PLANNING & ZONING COHHISSlON'
(please type the following information)
Legal Description of Property: Lot
Addi~lbn
O~ner's Name G. ,~eA
~pplic~nt (if other th~n
Name ..
IZ
Address
Case No.,
Fee' Paid ~-o.
D~te Filed ~'
B lock__~._~_
Day Phone No..~,5'9-9,~-,-'~.,,:S"
Day Phone No. ,.. ·
5. Type of Request:'' ~' Variance . ( ) Conditional Use Permit (
, ( ) Zoning Interpretation & Review (
.'.' (') Wetland Permit '(~) P.U.D. (
*If.other, sPecify:
6. ~resent zoning Oistrict' : ~~ ' ~'"'
7. Existing Use(s) of Property ~2~~. TI~(_.- ~l~'(~ ~/6~/I~1C~J
) Amendment
) Sign Permit
)*Other
Has an applicatlon ever been made for zoning~var_Lance, or conditiona. 1 use permit or
other zoning procedure for this property? ~j~2_-~]-~_~>' If so, l~st date(s) of
list date(s)· of application, action taken and~provi~e Resolution No.(s)
71..:z. oV,
Copies of previous regolu:ions shall accon~pany 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 Hound for the purpo~of inspecting, or of posting, maintaining and removing Such
notices as.may be requ1~X by./~aw. ~ .. ~~, .
"Signature Of' Appllcan~
F~~dation:
Planning Commission ' '
Date 7'
Date ' '
Council Action: '
Resolution No.
Date
Request .for Zonl.ng Variance Procedure (2)
Case # 77-C~
O. Location of: Signs, easements, underground utilitles, etc.
E. Indicate North compass direction
F. Any additlonal Information as may reasonably be required by the City Staff
and applIcable Sections of the Zoning Ordinance.
III. ~equest for a Zoning Variance
A. All information below, a site plan, as described in Part !1, and general
..application must be provided before a hearing will be scheduled.
B. Does the present use of. the property'conform to all use regulations for
the zone district In which It Is located? Yes (X) No ( ) ? ...
If ~no", specify each non-conforming use: '
Ce
Do the existing structures' comply with ali area ~ight and bulk regulatlons
for the zone district In which it is.located? Yes (~) No'( )
If ~no", specify each non-conforming use;.
~hlch unique physical characteristics of the subject property'prevent Its
reasonable pse for any of the uses permitted in that zoning district?
( ) .Too narrow ( ) Topography ( ) Soil
(~) Too small (') Drainage ( ) Sub-surface
.( ) Too shallow ( ) Shape: ( ) Other: Specify:
E®
~as the hardship d~scribed above created by the action of anyone having
property Interests in the land after 'the Zoning Ordinance was adopted?
Yes ( ) No ( ) If yes, explain:
Fe
~as the haP~shlp created by'any'other man-made change, such as thR reloFa-
tion of a road? Yes (~') No ( ) If yes, explaln: ~G~C) ~_t~_~ty~
Are'the conditions of hardship for'which you request a varlance peculiar
only to the property described in this petition? Yes "( ) No (~)
If no, how many other properties are similarly affected?
~/hat is the "minimum~' modification (variance). from the area-bulk regulations
that ~vill permit you to make reasonable use of your land? (Specify, using
maps, site plans with dimensions and written explanatlon. Attach additional
sheets, if necessary.)
~/ill granting of the variance be materlally detrimental to property In the
same zone,' or to the enforcement of this ordinance?
June 25, 1987
John Ned Dow
Dixie A. Dow
4~4 Manchester Rd.
Mound, MN 555&4-~198
City of Mound
Planning Commission
5541Maywood Rd
Mound, MN 555&4
Honored Members of the Commission:
Attached is my .application for a zoning ?.variance
residence I just purchased at 4~94 Manchester Rd..~
at the
Prior to purchasing the property my wife and I both agreed that
the neighborhood and location on the lake were nice, but the
size of the house was insufficient for our needs. Before making
an offer on the house I conferred with
remodeling possibilities ~that could
with the local ordinances.
Jan Bertrand as to the
be persued in accordance
The house is on an undersized lot for
requires a 6,000 sq ft minimum lot size.
are 15° rear, 6°side, 20° front, 10°
R-2 which apparently
Setbacks for that
from the street.
Part of the plan is to move the driveway· and garage entrance from
Manchester to Cambridge. When Manchester was widened the
driveway was cut down to 16.5 feet. I·f I park my van- in the
driveway, the back is in the street. This could be a problem
when it comes to winter. Also by moving the driveway and garage
opening I would be able to install standard 9° garage doors
rather than the 8° that currently exist. In addition it would
help eliminate some of the congestion that occurs when people
park on Manchester to use their docks on Brighton Commons.
Widening the house out to the 10t setback
-give me a more standard house size for
lower the cost for planning and give
space.
from Mancheser would
remodeling. It would
me more actual living
I make this appeal based on the information gathered during my
discussion with Jan Bertrand. Prior to drawing up remodeling
plans and submitting for a building permit I need the approval
for the variance.
~nk for assistance in this matter.
~~n Ned Dow
CERTIFICATE OF SURVEY
FOR JOHN NED DOW
LOT 12, BEOCK 33, WYCHWOOD
HENNEPIN COUNTY, MINNESOTA
I hereby certi, fy that this is a true and a correct representation
of a survey of the boundaries of Lot 12, Block 33, WYCHWOOD, and the
location of il! existings buildings thereon. It does not purport
to show other improvements or encroachmen%s.
Sca!e: 1" = 30'
Date : 4-16-87
o : Iron marker
~-z_'g~: Spot elevation
Datum: Mean Sea Level
COFFIN & GRONBERG, INC.
Mark S. Gronberg Lic. No. 12755
Engineers, Land Surveyors & Planners
Long Lake, Minnesota
~AI:TON RD~
14
~NCHESTER
N
RD ~
This black i$ all marsh
.,,
~ CL
RESOLUTION NO. 87-
PROPOSED RESOLUTION
CASE NO. 87-656
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE 14 FOOT FRONT YARD
VARIANCE AS REQUESTED FOR LOT )8 AND THE SOUTH 38
FEET OF LOT 19, BLOCK 2, ABRAHAM LINCOLN ADDITION
TO LAKESIDE PARK; (2193 CEDAR LANE); PID NO. 13-117-
24 32 0015; CASE NO. 87-656
WHEREAS, Harley J. Jordan, owner of the property described as Lot 18
and the South 38 feet of Lot 19~ Block 2, Abraham Lincoln Addition to Lake-
side Park has applied for a 14 foot front yard variance to allow the construc-
of a two story attached 24 by 24 foot garage with living area above within
16 feet from the Church Road right-of-way property line at the closest point,
and an additional 6 feet (plus or minus) to the curb line of the street; and
WHEREAS,.the City Code,.Section 23.408.5 states that lots of record
which abut on more than one street shall provide the required front yard
along every street, The required setback for the R-3 Zoning District is set
at 30 feet; and
WHEREAS, the Plann.ing Commission recommended approval of this vari-
ance due to the shape of the lot.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Mound does hereby concur with the Planning Commission recommendations to
approve a 14 foot front yard variance as requested for Lot 18 and the South
38 feet of Lot 19, Block 2, Abraham Lincoln Addition to Lakeside Park; PID
Number 13-117-24 32 0015 (2193 Cedar Lane) upon the condition a new survey
be submitted with the structure added prior to the Building Permit issuance.
CASE NO. 87-656
TO: Planning Commission, Applicant and Staff
/L
FROH: Jan Bertrand, Building Official~ (~
Planning Commission Agenda of July 13, 1987
CASE NO. 87-656
APPLICANT: Harley L. Jordan
LOCATION: 2193 Cedar Lane
LEGAL DESC.: Lot 18 and the South 38 feet of Lot 19, Block 2' Abraham Lincol~
Addition to Lakeside Park; PID 13-117-24 32 0015
SUBJECT: 14 Foot front yard variance
EXISTING ZONING: R-3 1 and 2 Family Residential
PROPOSAL: The applicant, Hr. Jordan, is requesting a 14 foot front yard variance
to construct an attached 24 by 24 foot drive under garage with living area above
within 16 feet from the Church Road right-of-way property line at the closest
point and an additional. 6 foot+ to the curb line of the street. Pursuant.to the
Zoning Code, Section 23.408(5)--- 'Lots which abut on more than one street shall
provide the required front yard along every street except for Lots of Record
which shall provide a side yard setback abutting the street based on lot width
(see definition for lot, Width Page 7) as follows.: "Lot width 81 feet'or more
equals a 30 foot setback". "
RECOHHENDATION: Staff recommends approval as requested due to the shape of the
property upon the condition that a new survey be submitted with building permit
-application.' Attached is a copy of-the Resol'ution-87-136 which approved the
same request, but has expired at this time.
The abutting neighbors have been notified.
This will be referred to the City Council'on July 28, 1987.
JB/ms
Planning Commission Ninutes
July 13, 1~87
Case No. 87-656 fourteen foot front yard variance for 2193 Cedar Lane Lot 18
and part of 19, Block 2 Abraham Lincoln Addn to Lakeside Park, PID 13-117-24 32 0015.
A-front yard variance of 14 feet is being requested by the applicant to construct
an attached 24x24 foot garage. Resolution 87-136 approved the same request, but
it has expired.
Reese questioned the necessity of having a 24 ~oOt--g-~rage~ instead of a 22 foot
variance. Jordan stated he needs the'additional room to do car repairs..on h|$ own
veh|c]e.
Motion by Anderson to approve the variance, seconded b~ Smith. The approval
was unanimous.
CITY OF HOUND
Case .o.
Fee Paid
APPLICATION TO PLANNING & ZONING COHHISSION
(please type the following information)
Street Address of Property
D~te Filed
2. Legal DesCription of Property: Lot /~,~-gl...~,,,C~/~.~'/c/ Block. ~
3. ~ner's Nam ~
Address ~~ ~~ ~
Day Phone No. ~z' 2 :' - ~'?~' ~"
~. Applicant '(if other than owner):
Name
Day Phone No.
Address
5. Type of Request:
0~) Variance ( ) ConditiOnal Use Permit
( ) Zoning Interpretation & Review
(') Wetland Permit ( ) P.U.D.
( ) Amendment
( ) Sign Permit
( )*Other
*If other, specify:
kresent Zoning District'
7. Existing Use(s) of Property
8. Has an application ever been made for zoning, varlance, or conditional use permit or
other zoning procedure for this prOperty? 'Ifrovid~'"e If so, list date(s) of
list date(s) of application, action taken and 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.th.is application by any authorized official of the City
of Hound for the purpose of inspecting,'or of posting, maintaining and removing Such
notices.as.may be required b~ law.~r~ _ ~'
'.Signature Of' Applicant-~~/~~~-~v Date (:~/.~.-~'-~(~'~Z''
P'lanning Co~ission Reco~e~ation:
Da te
Council Action:
Resolution No.
Date
Request.for Zonl.ng Variance Procedure (2)
Case
D. Location of: Signs, easements, underground utilltles, etc.
E. Indicate North compass direction
.F. Any addltlonal Information as may reasonably be required by the City Staff
and appllcable Sections of the Zoning Ordinance.
III. 'Request for a Zonln~ Varlance
A. All Information below, a site plan, as described In Part I!, and general
'...application must be provided before a hearing will be scheduled.
B. Does the present use of. the property'conform to all use regulations for
the zone district In which It Is located? Yes ( ) No (~ .-.
If *'no*t, specify each nOn-conforming use:
Co
Do the existing structures' comply with all area height and bulk regulatlons
for the zone district in whlch it Is.located? Y~ ( ) No'( )
If "no', specify each non-conforming use:
Which unique physical characteristics of the subject property prevent its
reasonable'~se for any of the uses permitted in that zoning district?
( ) .Too narrow ( ) Topography ( ) Soil
( ) Too small .. (') Drainage ( ) Sub-surface
.( ) .Too shallow (/.P~Shape: ' ( ) Other: Specify:
Was the hardship d~scribed above created by the action of anyone haying
property Interests in the land after the Zoni.ng Ordinance was adopted?
Yes ( ) No ( ~ If yes, explain:
Was the hardship created by'any'other man-made change, such as the reloca-
'tion of a road? Yes ( ) No ( ~ If yes, explain:
Are. the conditions of hardship for'which you request a variance pecal lar
only to the property described in this petition? Yes"(~' No ( )
If no, how many other properties are similarly affected?
H..What Is the "minimum" modification (variance) from the area-bulk regulations
that ~vill permit you to make reasonable use .of your land? (Speclfy, using
maps, site plans with dimensions and written explanation. Attach additional
sheets, If necessary.)
I. Will granting f the variance be materially detrimental to property In the
same zone, or to the enforcement of this ordinance?
August 9, 198B
RESOLUTION NO. 83-136
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE FRONT YARD 1~ FOOT
VARIANCE AS RF~UESTED FOR LOT 18 AND THE SOUTH 38
FEET OF LOT 19, BLOCK 2, ABRAHAM LINCOLN ADDITION
TO LAKESIDE PARK (2193 CEDAR LANE) - PID $13-117-24 32 0015
~tEREAS,'Harley J. Jordan, owner of property described as Lot 18
and the South 38 feet of Lot 19, Block 2, Abraham Lincoln Addition to
Lakeside Park, has applied for a 14 foot front yard variance to allow the
construction of a two story attached 24 by 24 foot garage with living area ..
above within 16 feet from the Church Road right-of-way property line at the
closest point, and an additional 6 feet (plus of minus) to the curb line
of the~ streetl and
WHEREAS, the City Code, Section 23.408.5 states that lots of
record which abut on'more than one street shall provide 'the required front
yard along every street. The required setback for the R-B Zoning District
is set at 30 feet; and
WHEREAS, the Planning Commission recommended approval of this
variance due to the shape of the lot.
· NC~, THEREFORE, BE IT RESOLVED that the City Council of the City
Of Mound does hereby concur with 'the Planning Cc~nission recommendation to
approve the' 14 foot front yard variance as requested for Lot 18 and the
South 38 feet of Lot 19, Block 2, Abraham Lincoln Addition to Lakeside Park
(PID. $1B-117-24 B2 0015).
The foregoing resolution was moved by Councilmember Peterson and
seconded by Councilmember Charon..
The following Councilmembers ~oted in the affirmative: Charon, Jessen, Paulsen, Peterson and Polston.
The following Councilmembers voted in the negative:
none· .Mayo~ .~~~,.~
Attest: City Clerk
.CHURCH
RD
LYNWOOD
--. ,
BLVO ~
3520
37
8
y L.VAN ,~ .i
CASE NO. 87-659
TO: Planning Commission, Applicant and Staff
FROH: Jan Bertrand, Building Official'O'(~
Plannlng Commission Agenda.of duly 13, 1987
CASE NO. 87-659
AppLiCANT: Hr. & Hrs. James Sharp, Fee Owner
Brian'R,. dohnson / Paul W. Larson
LOCATION: qgXX Glen. Elyn Road
LEGAL DESC.: Lots 17, 18,' 19', Block 2q, Shadywood Point; PID #'s 13-117-2q 11
" .o09 /0095
SUBJECT: Hinor Subdivision ...
EXISTING ZONING: ,R-1 Single Fami'ly Resid~ntla.1
PROPOSAL: The applicant'is requesting to split off a.portion of Lot 18 and
transfer to Lot 17 andspl, lt off a portion of Lot 17 and-combine with Lot 18
to remove an encroachment'of the building located on Lot 17 to allow conforming
side yard setback to the structure and waiver of:the public hearing'proVisions.
of the subdivision ordinance.
CO~HENTS: Lbt 17 prior to thi.s request is an undersized lot in"the R-1
District with approximately 8561. square feet. The tax parcel for Lots 18 and
19 is a conforming lot. This subdivision does not affect the.nonconforming
front yard setback of the existing dwelling on Lot 17.
RECOMHENDATION: 'Staff recommends approval of the minor subdivision and waiver
of the public hearing. This will provide a subdivision of land.in.the following
manner:
Parcel. A: Lot 17, Shadywood. Polnt, accOrding to the recorded p]at thereof,
Hennepin County, Minnesota. EXCEPT the. east 21.31 feet of said Lot 17 lying
southRrly of the north 137.87 feet .thereof. Also: The west 6.80 feet of the
north 137.87 feet of Lot'18, Shadywood Point, according to the recorded plat
thereof,'Hennepin County, Minnesota.
P.arcel B: Lot 18 excepting therefrom thewest 6.80 feast of the north 137.87
feet;.and Lot 19 all .In Shadywood Point, according to the'recorded plat thereof,
Hennepin County, Minnesota. .. .
T~e abutting neighbors have been notified.
This will be referred to the City Counci] on July 28, 1987 meeting.
JB/ms
RESOLUTION NO. 87-
RESOLUTION TO CONCUR'WITH THE PLANNING COMMISSION TO
APPROVE A M!NOR SUBDIVISION FOR,LOTS 17, 18 AND 19,
BLOCK 24, SHADYWOOD POINT; PID NUMBERS 13-117-24 11
0094/0095 P & Z CASE NO. 87-659
WHEREAS,-the minor subdivision of Lots 17, 18, and 19 in Block 24,
Shadywood Point, has been submitted'in the manner required for platting of
land under the City of Mound.Ordinance Code, Section 330 and under Chapter
462 in the Minnesota State Statute.and all proceedingshave been duly con-
ducted'thereunder; and
WHEREAS, an application to'waive'the subdivision requirements
contained !n Section 330 of'the City Code has been filed with the City of
Mound; and
WHEREAS.,.said. request, for waiver has been 'reviewed by the Planning
Commission and the City Council; and
WHEREAS, it has been determined that there are special circum-
stances affecting said properties.such that the strict application of the
ordinance would deprive the appl. Jcant of the reasonable use of his land;
and that the waiver is necessary for'the preservation and enjoyment of the
substantial property rights; and that granting the waiver would not be
detrimental to the public welfare or injurious to the other property owners.
NOW, THEREFORE, BE IT RE~OLVED BY the City Council of the City of
Mound, Minnesota; the request of the applicant for the waiver from the pro-
visions of Section 330 of the City Code and the request for property of less
than 5 acres,..described as follows: Lot 17, Block 24, Shadywood Point, PID
No. 13-117-24 11 0094 and Lots'18 and 19, Block 24, Shadywood Point, PID No.
13-117-24 11 0095, according to the plat thereof on file or of record in the
Office of the Registrar of Titles in and for said County.
A. It is hereby granted to permit the subdivision in the following
manner as per Exhibit (Al:
Parcel A: Those parts of Lots 17 and 18, Block 24, Shadywood
Point, according to the recorded plat thereof, Hennepin County,
Minnesota lying westerly and northwesterly of the following
described line; Beginning at a point on the north line of said
Lot 18 distant 6.82'~feet east of the northwest corner of said
Lot 18; thence southerly parallel to the west line of said Lot
18 a distance of 138.32 feet; thence southwesterly to a point
on the south line of said Lot 17 distant 21.50 feet westerly of
the southeast corner of said Lot 17'and said line there termina-
ting.
Parcel B: Lot 18, Block 24, ShadYwood Point, according to the
recorded plat thereof, Hennepin County, Minnesota except that
part of said Lot 18 lying westerly of a line described as fol-
lows; Beginning at a point on the north line of said Lot 18
distant 6.82 feet east of the northwest corner of said Lot 18;
Page 2
PROPOSED RESOLUTION
CASE NO. 87-659
thence southerly parallel to the west line of said Lot 18 a
distance of 138.32 feet; thence southwesterly to a point on
the south line.of Lot 17, said Shadywood Point, distant 21.$0
feet westerly of the southeast corner of said Lot 17 and said
line there terminating.
It is determined that the foregoing subdivision will constitute
a desirable and stable community development and it is in harmony
with adjacent properties.
The City Clerk is authorized to deliver a certified copy of
this resolution.to the applicant for filing in the Office of
the Registrar of,Deeds, or the Registrar of Titles of Hennepin
~County to show a compliance with the subdivision regulations of
the City.
D. This lot subdivision'is to be filed ann recorded within 180 days
of the adoption date of this resolution.
Plannin~ CommissionMinutes
July 13, 1987 - Page 4
Case No. 87-659 Minor subdivision for 49xx Glen Elyn Road Lots 17, 18, 19,
Block 24 Shadywood Point, PID 13-117-24 11 0094/0095. Paul W. Larson was
present. (Larson is a realtor representing the seller.)
Applicant is requesting subdivision to remove an encroachment of the building
located on lot 17 to allow conforming sideyard setback to the structur~ and
waiver of the Public Hearing provision of the subdivision ordinance.
The previous owner of lot 17 built over the property line. A survey didn't show
the property line when it was purchased. Meyer proposed to make parcel A a
conforming area by increasing the parcel to at least 10,000 sq. st. At
this time parcel B is not closed, it is delayed pending approval of this sub-
division. Reese suggested tabling, Larson stated "no". Brian Oohnson
inquired as to the~-leg$1|t¥ of 9000 sq. ft. for parcel A. Reese stated the
need to recognize a maximum 10% variance mandated, Brian wilI try to get over
9000 sq. ft.. Br~em suggested.approval contingent upon the change by the time
it will go 'to council, Thal suggested it be tabled until the 27th and then
to turn it around to the council.
Weiland motioned to table until the 27th and turn it around to the Council
Sohns seconded. Approval was unanimous.
Warner Road is on agenda for next time with full report to the Planning Commission.
DISCUSSION
1. Harold Meeker is interested in building a hotel on 40 acres and wished to
deed back the unused land. He is asking for opinions from the Commission for
the Lost Leke Request for Propose1.
Reese questioned the benefits of buying 40 acres and selling back 38 acres.
Jensen asked if he was asking to see if it was protected.
Smith questioned if any of it was sellable or marsh. He also asked about
potential problems with the DN-R. The city now owns the property.
2. Public Works Facility.
Ed Shukle and John Cameron made a presentation of their plan for a downscaled
version of the public works facility to be located at Belmont and Lynwood.
.There was much discussion by the council questioning alternative sites, other
methOds of storage for stock pile, screening, & future plans.
Anderson protested stating this was the last of the retail sights and that many
people will fight over that location of the proposal. Sohns agreed.
Thai stated that Mound has plenty of retail and Meyer agreed.
Jensen stated that the City Council is behind this plan.
'~iP P L.. . . ICAT ION Sec.FOR22.03- aSUBD IVISION OF
VlLL.AGE
OF
MOUND
FEE OWNER
fi ~ t pr/,/ .~. ...TO
PLAT PARCEL
/$.,_//?.. z. c/ //
· oe
Location 'end complete legal description of Property to be divided:
U-~7-~ /~' ~,b "/'7. ~o~ z Y ~//g~/~~"
.. 7
.if larger copies than.'8½ X'll inch a.re submitted.for supporting documents,
plans, survey, etc., please submit 15 copies plus one. copy that is 8~ X 11
(attach survey or scale drawing showing adjacent' streets, dimension of P~-ognsed
building sites, square foot area of each new parcel designated by number)
such as .sket
inches.
A WAIVER IN LOT SIZE IS REQUE~'TED FOR:
From ~ Square feet TO Sq~re feet
(signature)
Applic..rs i.t.r, st i. ,.. prop*m: W~,"~, ,~.,~ FF2"I/
This application must be signed byalI the OWNERS of the ~~:~[~. e~/~t~.~,~._f/,~6
.~ion give. ~ ,.is is not ~..s.. ~ ~m ~&
PLANNING COMMI~ION RECOMMENDATION~
PA
Prlpore~ !~,l
EXISTING LEGAL DESCRIPTIONS:
Lot 17, SHADYWOOD POINT,
according to the recorded plat
thereof, Nennepin County, Minnesota.
Lots 18 and 19, SHADYWOOD POINT,
according to the recorded plat
thereof, llennepin County, Minnesota.
., OF S tJ x(VE~
.ARSON
I
/
~ C,':' ;6 / ' '""
... |%: ~
/"
e
· PAUL W. LAR$ON ~' ~
PROPOSE{) PARCEL DIVISION DESCRIPTZONS~
PARCEL A:
recorde~ plat there.t, Ilennep~n County, Mlnnelo~a lying ve/~erly
~o~ ~ SIIAOYW~D ~]~ according to ~hl recorded p~i~ ~he~,
GENERAL NOTES:
· Denotes iron monument
x Denotes cross chiseled in concrete
E951.5 Denotes existing spot elevation
~-~ Denotes proposed spot elevation
~ Denotes surface drainage
Dashed contour lines denote proposed features
So~ld contour lines denote existing features
Proposed top of foundatipn elev. -
Proposed basement floor elev. -
Proposed garage floor elev. -
BENCHMARK:
SURVEYORS
2~40 Dnniet~ Street
~on9 L. okn, Mlnne$oto 55~56
I I hereby certify that this survey, plan or report was
prepared by me or under my direct supervision and that
I am a duly Registered Land Surveyor under the laws of
the S~at~ef-~nesota. ~ --
~ 0
D~T~ O"u~v I~ /~7 REC. NUMS~R 17 Z~
30'
I~A~ . ._
/
/
/
CERTIFICATE OF UR¥ Y
· Prepored for:
PAUL LARSON
P^RCF. L' A
/
EXISTING LEGAL DESCRIPTIONS:
Lot 17, SHADYW60D POINT,
according to the recorded plat
thereof, Hennepin County, Minnesota.
Lots 18 and 19, sHADywooD POINT,
according to the recorded plat
thereof, Hennepin County, Minnesota.
PROPOSED PARCEL DIVISION DESCRIPTIONS:
O
ao3 ",
PARCEL A:
Lot 17, SHADYWOOD POINT, according to the
recorded plat thereof, Hennepin County,
Minnesota. EXCEPT· the east 21.31 feet of
said Lot 17 lying southerly of the north
137.87 feet thereof. Also:
_The west 6.80 feet of the north 137.87
.feet of Lot 18, SHADYWOOD POINT, aocording
to the recorded plat thereof, Hennepin
County, Minnesota.
PARCEL B:
Lot 18 excepting therefrom the west 6.80
'feet of the north 137.87 feet; and Lot 19
all in SHADYWOOD POINT, according to the
AREAS: '
recorded plat thereof,~ Hennepin County.
Parcel A n 8561 sq. ft. Minnesota.
Parcel B = 14,146 sq. ft.
GENERAL NOTES:
Denotes iron monument Proposed top of foundation elev.
Denotes cross chiseled in concrete Proposed basement floor elev.
Denotes existing spot elevation Proposed garage floor elev.
x951.5
75 YEARS
CITY OF MOUND
5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155
July 24, 1987
TO:
FRO It:
RE;
CITY HANAGER
JIM FACKLER
CHRONOLOGY OF DATES ON JENNINGS BAY DREDGING
4-23-85
5-23-85
6-17-86
7 -85
The original application was submitted to the DNR
for "T" dredge of Jennings Bay.
This application was revised twice due to the
size of the channel requested. Originally a 40
foot channel was requested. DNR wanted only a
15 foot channel. A 20 foot channel was
decided upon because that was the minimum al-
lowance for barge access.
The Dredging Permit was approved by the Minnehaha
Creek Watershed District. The DNR issued a permit
(#856305) for the work to be done before 6-30-86.
The City sought estimates from contractors for the
dredging. Only one contractor responded, Minnetonka
Portable Dredging, with a quote of $23,000.00.
There was only $4,000 budgeted in 1985 for
general maintenance of the Commons areas. !his
was to allow for things such as stairs, rip-
rapping, tree removal, etc. In 1985, $800. was
spent on stairs at the south end of Gull Lane
and $2,912 for removal of diseased trees from
Commmons areas.
A letter was sent to all property owners and dock
permit holders in this Jennings Bay area. (There
were 4 private lakeshore owners and 15 commons dock
permit holders. This letter asked for financial
help of $1,150 from each dock user who would
directly benefit from the dredging.
8-85
An alternative to mechanical dredging was inves-
tigated. This was with Industrial Dredging and En-
gineering by means of a suction method. This type
of dredge required a pumping site within 3000 feet
of the dredge. A pumping site was located on Dove
Lane. It was a combination of 2 sites, 4 lots owned
by Jerry Ellis and 2 lots owned by the City of
Mound. Mr. Ellis was contacted and the City had a
tentative agreement to pump onto the site upon fur-
ther investigation and if the DNR and the Watershed
District agreed to the site and form of dredging.
9-13 -85
The City received a quote from Industrial Dredging
and Engineering for $13,500. This price on the con-
dition that the dredge be done as soon as the ice
broke up in the Spring of 1986. The reason for the
condition was that their equipment, which is used
nationwide, is stored in Anoka in the winter and the
mobilization would be cheaper.
9-17-85
Judy Boudreau, DNW Area Hydrologist, was notified by
letter about the possible amending of the Permit to
allow for a suction dredge and a new disposal site.
A series of inspections were set up by the DNR and
City representatives which went into October of
.1985.
10-85
.10-85
Further contact was made with Mr. Jerry Ellis about
the disposal site. He asked about being compensated
for the use of the site. It was explained that the
fill would settle and would enhance the
marketability of the property. He was also told
that a cost increase might jeopardize the dredge.
He did not give a firm committment, still just a
possibility.
The 1986 Budget was set allowing $4,000 for Common's
maintenance. In 1986 the following was spent:
$4,155 for tree removal; $3,160 for rip-rapping;
$2,000 filling in the low lands; Total - $9,315.
1-86
Even though the dredge was not funded in the 1986
budget, the City still pursued the permits and cor-
respondence with Mr. Ellis on the disposal site.
1986 was a year of high water on Lake Hinnetonka which made Jen-
nings Bay more accessible. The dredge was not done due to lack
of funds.
6-86
The permits for the "T" shaped dredge were updated
to June 30, 1987.
6-86/9-86
Mid 1986
During the budget process $10,000 was recommended
for dredging. This was based on the City paying 50%
of the cost. Current information was that the
dredge would cost approximately $15,000, plus en-
gineering and legal costs.
A house was being built on one of the sites that wa~
to be used to dump the spoil. The opinion from the
dredging company was that the remaining site would
not hold all the material to be dredged out. The
City still did not have a firm commitment from Mr.
Ellis because of his questions on.how buildable the
lots would be with the dredge sp'oil. The dredger's
opinion was that it would be 4-5 years before they
would be buildable and the' footings would have to be
below the dredge material. At this point, Mr. Ellis
gave a verbal "no" to the use of his site.
Fall 1986 -
Winter 86-87 The City got estimates from 3 companies on the
dredge and tr.ucking the spoil to a location ap-
proximately i mile away.
$39,000 for a mechanical dredge and the dis-
posal of spoil to the contractor's site.
$106,100 to suction dredge and dispose of spoil
on a city site which we did not have.
$28,000 - $38,000 to suction dredge and use a
tank truck to di. spose of spoil on a city site.
Spring 87
The water level of Lake Minnetonka was way down.
The concerns of the dock permit holders and the
private property owners again surfaced because there
was no lake access. In meeting with this group, it
was determined that a change in the dredge design
would be done to allow for a channel designed in a
"U" shape which would allow better access to their
docks.
4-10-87
4-17-87
The City sent a letter to Judy Boudreau, DNR Area
Hydrologist, asking her opinion of amending the
city's current permit from a "T" dredge to a "U"
dredge as submitted by the citizens.
The City received a letter from Judy Boudreau con-
firming that the amendment procedure was started.
She stated on the phone that this would take
3
5-20-87
5-26-87
5-27-87
5-87
5 -87
6-1-87
6-2-87
6-87
Mid June
approximately 2 months because of the increase in
requests for dredging permits. Notification was
sent to the U.S. Corp of Engineers, the L.M.C.D.,
and the Minnehaha Creek Watershed District. They
were given until May 20, 1987, to respond.
The U.S. Corp of Engineers had given their approval
to the "U" shaped dredge.
The City Council on a request from the citizens
directed further study on the dredge regarding the
following: assessing possibilites, possible sites
to dump the spoil and the costs.
The L.M.C.D. gave their approval for the "U" shaped
dredge with the stipulation that all spoil materials
be removed from the watershed district. This drove
the cost of the dredge to $45,385 - $48,639 (as es-
timated by D. H. Blattners), because the minimum
trucking distance would be 4 miles. Also a site
would have to be found in another city and possible
charges for the site along with permit requirements
for disposal created another problem.
The City Manager, Park Director and Dock Inspector
met with Ken Weber to review the direction of the
City Council.
· At the Park Commission Meeting it was decided to
relocate the Commons dock permit holders. They also
discussed transferring the City's dredging permit to
the citizens after final approval from the DNR.
There was also discussion on the possibility of as-
sessing the private property owners for the dredge.
Ken Weber was assigned by his group to represent
them.
A letter was sent to Curt Pearson, City Attorney,
asking about the legality of assessing this project.
Mr. Pearson responded that he did not believe that
this project could be specially assessed under Min-
nesota Statute.
The City applied to the DNR for an extension of the
original "T" shape dredge permit, noting that an
amendment was being processed.
The City contacted Kevin Larson of the Hinnehaha
Creek Watershed District to apply for an extension
of the original dredging permit. The next meeting
of the Watershed District was July 16, 1987, and in-
formation had to be in by July 9, 1987.
6-25-87
The Park Director was contacted by Judy Boudreau,
DNR Area Hydrologist, regarding a request they
received from Mr. Ken Weber to change the proposed
"U" shaped dredge. Because the City holds the per-
mit, the City would have to submit this request.
Ms. Boudreau stated that the change requested would
require amending the permit again. The Park Direc-
tor asked her to mail the information to the City.
7-1-87
7-15-87
7-17-87
7-20-87
The City received the information from the DNR and
contacted Mr. Ken Weber. The Park Director sug-
gested that because of all the complications and
with the information from the DNR,. that it would be
better if Mr. Ken Weber submitted his own applica-
tion to the DNR. The City would still hold the
original "T" shaped dred'ging permit and once the
private property owners were committed to the
dredge, the City could proceed with just the portion
along Dove Lane that would tie into their plan. Mr.
Ken Weber agreed. The application and information
on dates to meet with the Watershed District were
passed on to Mr. Ken Weber.
The City received the Watershed District Agenda. On
it was Mr. Ken Weber who had applied for a dredging
permit to "remove xxx cubic yards of soil". The
meeting was July 16, 1987.
The Park Director received a call from Mr. Marshall
Weber blaming his department for the tabling of
their permit by the Watershed District. The Park
Director called Kevin Larson, the engineer for the
watershed district, asking what caused the tabling
of Mr. Weber's permit. Mr. Larson stated it was due
to the lack of information on Mr. Marshall Weber's
application for the dredge (note attached letter).
The Park Director had also requested earlier that
the papers from the original application for the "T"
shaped dredge be sent out for updating and Mr. Lar-
son apologized for not sending them.
The Park Director received the information requested
above and resubmitted it with the updates for the T
dredge.
GENERAL COMMENT:
The Park Dept. has kept in close contact with all
concerned parties. This was done through letters,
phone conversations, Park Commission Meetings and in
office meetings.
!
l
¸17 '
aTfED ~x
P.O. Bo~ ~87, Wayzata, Minnesota 55~91
~ARD 0F MAN~B~ ~vid H. Cochmn, Ees.· Albert L Lehman · ~hn E ~omas
~mille D. ~dre · ~mes R. Spensley · ~chard E Miller · Michel E ~oll
Perm,[ Application No.: 87-[33
Owner:
Location:
Purpose:
July 21, 1987
Marshall Weber et al.
1657 Dove Lane
Mound, MN 55364
City of Mound, Sec. 13 AB
S.W. portion of Jennings Bay, Lake Minnetonka
Dredging project to remove 3540 cubic yards of soil from the
bay to improve navigational access.
Dear Sirs:
At the regularly scheduled July 16, 1987 meeting of the Board of Managers, the
subject permit application was tabled pending receipt of:
1. Method of dredging.
2. Existing and proposed elevations in the project area reduced to 1929 NGVD.
3. Revised.site plan with more det'ailed dimensions about lakeward extension of
the channels referenced to known points on shore.
4. Review and approval by the City of Mound.
These items should be received no later than August 10, 1987 to ensure your
Permit Application will be on the agenda for the next meeting of the Board of
Managers scheduled for August 20, 1987.
Should you have any questions regarding this matter please contact me at
473-4224.
Very truly yours,
EUGENE A. 'HICKOK AND ASSOCIATES
s .for the District
Kevin Larson, Engineer
CC:
Board
G. Macomber
::J. Fac~ler':Ci.%y..of.Mound ....
i~itVIv~TOhtKA
RESOLUTION NO. 87-
July 28, 1987
RESOLUTION AUTHORIZING ~/E MAYOR AND CITY MANAGER
TO ENTER INTO A JOINT COOPERATION AGREEMENT WITH HENNEPIN
COUNTY TO EXTEND THE URBAN HENNEPIN COUN'I"/ COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, a Joint Cooperation Agreement executed by and
between Hennepin County and the City of Mound to establish the
Urban Hennepin County Community Development Block Grant program"
expires on October 1, 1987; and
WHEREAS, in order to continue the program which began in
1975 and has provided federal funds for local community
development activities, it i3 necessary ~a execute a new
agreement to cover, the next three years.
NOW, THEREFORE, .BE IT RESOLVED that the City Council of
the City of Mound, Minnesota, hereby authorizes the Mayor and
City Manager to enter into a Joint Cooperation Agreement (Exhibit
"A" attached) with Hennepln County as a partner in the Urban
Hennepin County CDBG program for federal fiscal years 1988 1989
and 1 990. '
The foregoing resolution was moved by Councilmember
and seconded by CounCilmember
The following Councilmembers voted in the affirmative:
The following Councilmembers voted in the negative:
Mayor
Attest: City Clerk
OFFICE OF THE ADMINISTRATOR
A-2300 Government Center
Minneapolis, Minnesota 55487
July 17, 1987
The Honorable Steve.Smith
Mayor of Mound
5341Maywood Road
Mound, MN 55364
Dear Mayor Smith:
The joint Cooperation Agreement executed by and between Hennepin County and
43 communities to establish the Urban Hennepin County Community Development
Block Grant program expires October 1, 1987. To continue the program which
provided over 2.6 million dollars in federal funds for local community devel-
opment activities this year and over 40 million since the program began in
1975,~it is necessary to execute a new agreement to cover the next three
years. Provided all 43 communities execute the new agreement and therefore
remain in the program, it is expected that at least another 2.6 million
dollars will be made available to share in 1988.
Please bring the option of participating in the program before your governing
body. To do so they should act by resolution to authorize the appropriate
officials to execute the accompanying three copies of the Joint Cooperation
Agreement and returh them to me as provided in Article III., paragraph C.,
along with a copy of the authorizing resolution by August 28, 1987.
The Agreement is for the next three-year period for which Kennepin County
qualifies as an urban county. Action on the Agreement at this time will
therefore be binding for three years. Electing to execute it will make ~our
community a partner in the Urban Hennepin County CDBG program for federal
fiscal years 1988, 1989 and 1990. Electing not to execute will preclude your
community from participation for the same period.
Other than some formatting, there are only a few changes from the Joint
Cooperation Agreement in effect since 1984. ~One is the inclusion of the
Current administrative policy limiting the number of activities to three per
community per year and each to a minimum of $7,500 (exceptions are joint
activities and instances where the planning allocation is less than $7,500).
The new agreement also includes a new provision for crediting program income
back to the community from which it originates for reprogramming to eligible
and fundable activities.
HENNEPIN COUNTY
an equal opporlunlty employer . ~,~) ~
July 17, 1987
Page Two
Should you have any questions please contact your Hennepin County planning
representative or Bob Isaacson at 348-4544.
Sincerely,
Bruce Kurtz
Deputy County Administrator
enc.
cc: CDBG Contact
Contract No. 70484
JOINT COOPERATION AGREEMENT
THIS AGREEMENT made and entered into by and between the COUNTY OF
HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY," and the
CITY OF Nn,,nH , hereinafter referred to as "COOPERATING
UNIT," said parties to this Agreement each being governmental units of the
State of Minnesota, and is made pursuant to Minnesota Statutes, Section
471.59;
WITNESSETH;
~OOPERATING UNIT and COUNTY agree that it is desirable and in the
interests of their citizens that COUNTY secure Con~nunity Development Block
Grant funds as an Urban County within the provisions of the Act as herein
defined and~ therefore, in consideration of the mutual covenants and promises
contained in this Agreement, the parties mutually agree to the following
terms and conditions.
I. DEFINITIONS
'The definitions contained in 42 USC 5302 of the Act and 24 CFR Part
570.3 of the Regulations are incorporated herein by reference and made a part
hereof, and the-terms defined in this section have the meanings given them:
A. "The Act" means the Housing and Con~nunity Development Act of 1973,
Title 1 of Public Law 93, 383, as amended by the Housing and Commu-
nity Development Reconciliation Amendments of 1985, 42USC5301ET.SEQ.
B. "Regulations" means the rules and regulations promulgated pursuant
to the Act, including but not.limited to 24 CFR Part 570.
C. "HUD" means the United States Department of Housing and Urban Devel-
opment, t"
D. "Coopgrating Uni means any city or town in Hennepin County which
has entered into a cooperation agreement which is identical to this
Agreement, as well as Hennepin County which is a party 'to each
Agreement.
E. "Statement of Objectives and Projected Use of Funds" means the docu-
ment bearing that title or similarly required statements or docu-
ments submitted to HUD for authorization to expend the entitlement.
amount and which is developed by the COUNTY in conjunction with
COOPERATING UNITS as part of the Community DeVelopment Block Grant
Program.
Iii PURPOSE
The purpose of this Agreement is to authorize COUNTY and COOPERATING
UNIT to cooperate in undertaking, or assisting in undertaking, community
renewal and lower income housing activities, specifically urban renewal and
publicly assisted housing and authorizes COUNTY to carry out these and other
eligible activities which will be funded from annual Community Development
Block Grants from Fiscal Years 1988, 1989 and 1990.
III. AGREEMENT
Ae
The term of this Agreement is for a period commencing on the
effective date of October 1, 1987, and terminating no sooner than
the end of program year sixteen (XVI) covered by the Statement of
Objectives and the Projected Use of Funds for the basic grant amount
authorized by HUD subsequent to the effective date.
Ce
Notwithstanding any other provision of this A~reement, this Agree-
ment shall be terminated at the end of the three-year program period
during which HUD withdraws its designa%ion of COUNTY as an Urban
County under the Act.
This Agreement shall be executed by the appropriate officers of
COOPERATING UNIT and COUNTY pursuant to authority granted them by
their respective governing bodies, and a copy of the authorizing
resolution and executed Agreement shall be filed promptly by the
COOPERATING UNIT in the office of the Hennepin County Administrator,
and in no event shill the Agreement be filed later than August 28,
1987.
IV. ACTIVITIES
COOPERATING UNIT agrees that awarded grant funds will be used to under-
take and carry out within the terms of this Agreement certain projects
involving one or more of the essential activities eligible for funding under
the Act. COUNTY agrees and will assist COOPERATING UNIT in the undertaking
of such essential activities by providing the services specified in this
Agreement. The parties mutually agree to comply with all applicable require-
ments of the Act and the Regulations and other relevant Federal and/or
Minnesota statutes or regulations in the use of basic grant amounts. Nothing
in this Article shall be construed to lessen or abrogate COUNTY's responsi-
bility to assume all obligations of an applicant under the Act, including the
development of the Statement of Objectives and Projected Use of Funds pursu-
ant to 24 CFR 570.300 et.seq.
A. COOPERATING UNIT further specifically agrees as follows:
COOPERATING UNIT will in accord with a COUNTY established
schedule prepare and provide to COUNTY, in a prescribed form, an
annual request for the use of Community Development Block Grant
Funds consistent with this Agreement, program regulations and
the UrbanHennepin County Statement of Objectives.
mmmm
2, COOPERATING UNIT shall use all funds received pursuant to the
Agreement for ~ach annual program within eighteen {18) months of
the authorization by HUD 'of the basic grant amount. Expenditure
period extensions may be requested in cases where the authorized
activity has been initiated and/or subject of a contract.
3. COOPERATING UNIT shall use funds provided pursuant to Section V.
of this Agreement to undertake no more than three {3} grant
funded activities administered by the COOPERATING UNIT. Each
activity shall have a budget of at least seventy-five hundred
dollars {$7,500), or the total amount of the planning allocation
of COOPERATING UNIT if less than seventy-five hundred dollars
{$7,500}. A COOPERATING UNIT may assign less than seventy-five
hundred dollars {$7,500) to an activity when the activity is one
that is programmed by at least one other COOPERATING UNIT and
administered by only one COOPERATING UNIT on behalf of the
others, provided that the total activity budget is at least
seventy-five hundred dollars ($7,500}. .
4. cOOPERATING UNIT will take actions necessary to accomplish the
community development program and housing assistance goals as
contained in the Urban Hennepin County Housing Assistance Plan.
5. COOPERATING UNIT shall ensure that all programs and/or activi-
ties funded in part or in full by grant funds received pursuant
to this Agreement shall be undertaken affirmatively with regard
to fair housing, employment and business opportunities for
midorities and women. It shall in implementing all programs
and/or activities funded by the basic grant amount comply with
all applicable federal and Minnesota Laws, statutes, rules and
regulations with regard to civil rights, affirmative action and
equal employment opportunities and Administrative Rule issued by
the COUNTY.
6. COOPERATING UNIT shall participate in the citizen participation
process as established in compliance with the requirements of
the Housing and Community Dgvelopment Act of 1974, as amended.
7. COOPERATING UNITS shall comply with all of the administrative
guidelines of the COUNTY now in effect or as hereafter
promulgated.
8. COOPERATING UNITS shall prepare, execute, and cause to be filed'
all documents protecting the interests of.the parties hereto or
any other party of interest as m~ be designated by the COUNTY.
COUNTY further specifically agrees as follows:
1. COUNTY shall prepare and submit to HUD and appropriate reviewing
agencies on an annual basis all plans, statements and program
documents necessary for receipt of a basic grant amount under
the Act.
2'
COUNTY shall providej to the maximum extent feasible, technical
assistance and coordinating services to COOPERATING UNIT in the
preparation and submission of the request for funding.
3'
0
COUNTY shall provide ongoing technical assistance to COOPERATING
UNIT to aid COUNTY in fulfilling its responsibility to HUD for
accomplishment of the community development program and housing
assistance goals.
COUNTY shall upon official request by COOPERATING UNIT agree to
administer local housing rehabilitation grant programs funded
pursuant to the Agreement, provided that COUNTY shall receive
ten percent {10%) of the allocation by COOPERATING UNITto the
activity as reimbursement for costs associatedwith its opera-
tion.
COUNTY will, as necessary for clarification and coordination of
program administration, develop and implement Administrative
Rules consistent with the Act, Regulationg'and HUD administra-
tive directives.
V. ALLOCATION OF BASIC GP~NT AMOUNTS
Basic grant amounts received by the COUNTY under the Act shall be allo-
cated as follows:
.' Ao
COUNTY shall retain ten .percent (10%) of the annual basic grant
amount for the undertaking of eligible activities. .
.The balance of the basic grant amount shall be apportioned by COUNTY
to COOPERATING UNITS in accordance with the formula stated in part C
of this section for the purpose of allowing the COOPERATING UNITS to
make 6equests for the use of funds so ap.rtl,ned. The allocation is
for planning purposes only and is not a guarantee of funding.
Each COOPERATING UNIT will use as a target for planning purposes an
amount which bears the same ratio to the balance of the basic grant
amount as the average of the ratios between:
1. The population of COOPERATING UNIT and the population of all
COOPERATING UNITS.
The extent of poverty in COOPERATING UNIT and the extent of
poverty in all COOPERATING UNITS. '
The extent of overcrowded hous'ing by units in COOPERATING UNIT
and the extent of overcrowded housing by units in all COOPERAT-
ING UNITS.
®
In determining the average of the above ratios, the ratio
involving the extent of poverty shall be counted twice.
It is the intent of this section that said planning allocation
utilize the same basic elements for allocation of funds as are set
forth in 24 CFR 570J4. The COUNTY shall develop these ratios based
upon data to be furnished by HUD. The COUNTY assumes no duty to
gather such data independently and assumes no liability for any
errors in the data furnished by HUD.
VI. COUNTYWIDE DISCRETIONARY ACCOUNT
A. In the event that any COOPERATING UNIT cannot con, nit, expend or does
not request its planning allocation, or a portion thereof, pursuant
to Section V of this Agreement, COUNTY will assign the unexpended or
unallocated grant funds to the Countywide Discretionary Account.
The assignment shall also include funds pursuant to Section IV
· paragraph A.2. of this Agreement.
B. COUNTY will retain ten percent {10%} of all funds placed in the
Countywide Discretionary Account to defray administrative expenses.
C. COUNTY will, on or before March 1 of each year, inform each COOPER-
ATING UNIT of the Countywide Discretionary Account balance and will
provide each COOPERATING UNIT the opportunity to make a request for
use of all or a portion of the funds.
VII. FINANCIAL MATTERS
A. Reimbursement to the COOPERATING UNIT for expenditures for the
implementation of activities funded under the Act shall be made upon
receipt by the COUNTY of Sumnary of Project Disbursement form and
Hennepin County Warrant Request, and supporting documentation.
B. All funds received by COUNTY under the Act as reimbursement for
payment to COOPERATING UNITS for expenditure of local funds for
activities funded under the Act shall be deposited in the County
Treasury.
~C. COOPERATING UNIT and COUNTY shall maintain financial and other
records and accounts in accordance with requirements of the Act and
Regulations. Such records and accounts will be in such form as to
permit reports required of the County to be prepared therefrom and
to permit the tracing of grant funds and program income to final
expenditure.
D. COOPERATING UNIT and COUNTY agree to make available all records and
accounts with respect to matters covered by this Agreement at all
reasonable times to their respective personnel and duly authorized
federal officials. Such records shall be retained as provided by
law, but in no event for a period of less than three years from the
last receipt of program income resulting from activity implementa-
tion. COUNTY shall perform all audits of the basic grant amount and
resulting program income as required under the Act and Regulations.
F®
COOPERATING UNIT shall return all program income derived from
activities funded in total or part from the basic grant amount
COUNTY upon its generation, except as derived from activities
with approved reolving accounts.
to
1. COUNTY will retain ten percent {10%) of all program income to
defray administration expenses.
The remaining 90 percent {go%) of the program income shall be
credited to the grant authority of the COOPERATING UNIT whose
activity generated the income and be used for fundable and eli-
gible Community Development Block Grant activities consistent
with this Agreement.
Should an approved activity be determined to represent an ineligible
expenditure of grant funds, the COOPERATING UNIT responsible shall
reimburse the COUNTY for such ineligible expense.
®
All reimbursements for ineligible expenditures shall be placed
in the Countywide Discretionary Account, except as provided for
in Section VII.F.2. of this Agreement.
When it is determined by the COUNTY that grant funds have been
expended on an eligible activity and through no fault of the
COOPERATING UNIT the project fails or is no longer eligible, the
program reimbursement shall be treated as program income in
Section VII.£. of this Agreement.
VII. EXECUTION
COOPERATING UNITj having signed this Agreement, and the Hennepin County
Board of Commissioners having duly approved this Agreement on ,
19 , and pursuant to such approval and the proper County official having
signed this Agreement, the parties hereto agree to be bound by the provisions
herein set forth.
Upon proper execution, this
Agreement will be legally
valid and binding.
Assistant County Attorn.~
Date:
COUNTY OF HENNEPIN, STATE OF MINNESOTA
By:
Chairman of its County 'BoarO
And:
Deputy/Associate County Administrator
A1-FEST:
Deputy County Auditor
APPROVED AS TO EXECUTION:
CITY OF:.
Assistant County Attorney
Its
DATE:
CITY MUST CHECK ONE:
And:
Its
The City is organized pursuant
to:
Plan A Plan B- Charter
LEN HARRELL
Chief of Police
MOUND POLICE
5341 Maywood Road Telephone 472-3711
'Mound, MN 55364 Dispatch 544-9511
EMERGENCY 911
July 8, 1987
TO: .Ed Shukle, City Manager
FROM: Len Harrell, Chief of Police~
SUBJECT: Parking on Gull Lane at WrenRoad ..........
I have, again, looked at the area of Gull Lane south of Three
Points Boulevard in regards to the parking concerns at the
dead-end.
The area in question appears to only effect two homes at the
end of the block, and users of the commons area. One of the
residents, Mrs. LaPointe, has requested that parking be allowed
on her side of the street. Both sides of the street from Wren
Road to the dead-end are currently no-parking.
To allow parking on one side of the street does not appear to
present any major problems from .a police standpoint. A concern
is the fact that Gull Lane is no-parking on the west side of the
street from Three Points Boulevard south to Wren Road and it may
be more consistent to allow parking on the east side of the
street south of Wren Road.
PoS,
The Fire Chief has indicated that elimination of no parking on Gull Lane
at Wren Road would cause a serious problem for fire fighting. It would
be diffi.cult to get a fire truck through the street. This would cert-
ainly support retaining the current resolution. -Ed Shukle
June 19, 1987
Ed Shukle, Jr.
City Manager
5341 Maywood Rd.
Mound, Mu. 55364
Dear Mr. Shukle,
We are writing to ask you to ask the city council to change the
ordinance with respect to parking on our dead-end street. Specifically,
we would appreciate having the no-parking restriction removed for the
west side of Gull Lane, from Wren Road south to the commons.
This would not be an inconvenience to anyone, but the no-parking
restriction, if enforced, would be a great inconvenience both to us, and
to people wishing to use the commons.
Kathy LaPointe
Mitch LaPointe
1733 Gull Lane 472-6122
75 YEARS
CITY OF MOUND
5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155
July 24, 1987
TO:
FROM:
RE:
CITY MANAGER
FIRE CHIEF
PARKING ON GULL'LANE FROM WREN ROAD TO THE COMMONS
If parking were allowed in this area, the Fire Department would not
be-able to get a truck thru to the Commons area that lies beyond the
end of this street. Therefore, I am recommending that the area remain
as is and be posted'"no parking on either side".
DB
16
;laouary 13, 1987
RESOLUTION NO. 87-16
RESOLUTION DESIGNATING NO PARKING ZONES
WHEREAS, Chapter VII of the Mound Code provides.that the City~
Council may from time to time, by resolution, establish rules and~ -
regulations relating to the use of streets within the City,
NOW, THEREFORE, BE IT RESOLVED by the City Councilof the City of
Mound, as follows:
The following streets in the City of Mound, Minnesota are hereby designated
as no parking, no stopping and no standing zones:
1. Both sides of Edgewater Drive from Fairview Lane to
Northern Road.
2. East side of Basswood Lane from Church Road to Tonkawood
Road.
3. Both sides of Belmont Lane from Shoreline Boulevard to
Tonkawood Road.
4. East side of Waterside Lame for 100' north of Tonkawood
Road.
5. North side of County Road #15 200' east of County Road
%110.
6. Directly in front of post office for purpose of mail dr?p.
7. North side of County Road #15 by Tonka, Inc. from Fairvlew
Lane to Cypress Lane.
8. -Both sides of County Road %15 (Lynwood Boulevard) on the &
curve west of the senior high school.
9. East side of Bellaire Lane from Elm Road to Alder Road.
10. South side of Three Points Boulevard from Finch Lane to
Heron Lane.
11. West side of Gull Lane South of Three Points Boulevard for
150'. ~
12. West side of Wilshire Boulevard (County Road %125) north
of Wychwood Bridge to Emerald Drive.
13. North side of Wilshire Boulevard (County Road %125).south
of Wychwood Bridge for 600'
~14. West side of Wilshire Boulevard (County REad %125) south
of Black Lake Channel for 1,450 feet.
15. East side of Wilshire Boulevard (County Road %125) south
of Black Lake Channel for 200'feet; parking permitted for
300 feet, and then no parking to Tuxedo.
15. No parking on both sides of Tuxed~ Boulevard from Wilshire
Boulevard (County Road No. 125) to St. Mary's Road.
16. No parking on both sides of Tuxedo Boulevard from Wilshire
Boulevard (County Road No. 125) to St. Ma~y's Road.
17. Both sides of Piper Road in front of Chester Park Beach for
200'.
18. Both sides of Piper Road from Tuxedo Road to Charles Lane.
19. Both sides of Charles Lane.
20. Both sides of Franklin Lane.
21. South side of Leslie Road from Brighton Boulevard t~
Manchester Road.
17
January 13, 1987
22~
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
South side of Clyde Road from Tuxedo Boulevard to Island..
View Drive.
Both sides of Island View Drive from Clyde Road to Dexter
Lane.
Both sides of Island View Drive from Radnor Road to
Manchester Road.
Both sides of Highlana Boulevard from Bartlett Boulevard
(County Road 110) to Idlewood Road.
Both sides of Meadow Lane. --
North Side of Glenwood Road.
Both sides of Holt Lane.
Both sides of Fairfield Road from Highland Boulevard to
Meadow Lane.
North side of Bartlett Boulevard (County Road 9110) from
the Museum to Commerce Boulevard.
In front of Mound Taxi on Shoreline Boulevard (County Road
915.)
West side of Marion Lane from Shoreline Boulevard (County
.Road 915) to Auditors Road.
Shoreline Boulevard from Belmont Lane to Commerce
Boulevard.
Commerce Boulevard from Lynwood Boulevard south to the
Sears Parking Lot.
Marion Lane and Auditors Road from Belmont Lane to Marion
Lane and no parking on the south side of Auditors Road from
Marion Lane to Commerce Boulevard.
The south side of Drury Lane from Tuxedo Boulevard and
Burns Road.
Both sides of Northern Lane from Edgewater Drive to the
Seton Channel.
The east side of Devon Lane from Island View Drive to Lake
Minnetonka.
South side of the alley extending eastward from the
intersection of Lynwood and Cottonwood Lane along the
south side of the football field from the east side of Lot
18 to the west side of Lot 30 in Lynwold Park.
West side of Waterside Lane from Tonkawood Road to Breezy
Road.
Both sides of Rosedale Road from Hickor~ Lane to Pecan
Lane.
Both sides of Aberdeen Road from Devon Lane to Island View
Drive.
Both sides of Aberdeen Road from Devon Lane to Roxbury
Lane.
Both sdides of Wilshire Boulevard from Shoreline
Boulevard (County Road 915) to a point 50 feet south of
Shoreline Boulevard.
Both sides of Drury Lane from Gordon Road to Tuxedo
Boulevard.
West side of Eagle Lane from Three Points Boulevard to West
Arm Lake.
The West side of Finch Lane from Three Points Boulevard to
West Arm Lake.
18
January 13, 1987
48~
49.
50.
51,
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
The West side of Ridgewood Road from Idlewood to
Longfellow.
The North side of Woodland Road from Gull Lane to Eagl~
Lane·
The East side of Donald Drive from Tuxedo Boulevard to
Devon Lane.
The South side of Ridgewood Road from Westedge Boulevard
to Longfellow Lane.
Both sides of Gladstone Lane.
The West side of Essex Lane south of Bedford Road.
Both sides of Tuxedo Boulevard from Drury Lane to Brighton
Boulevard.
Both sides of Hickory Lane from Northern Lane norther, ly to
Lake Minnetonka.
The South side of Alder Road from Bellaire Lane easterly to
Commerce Boulevard.
The North side of Alder Road from Bellaire Lane easterly
200 feet.
Both sides of Pecan Lane from Edgewater Drive, south to
railroad right-of-way.
Both sides of Driftwood Lane from Bartlett Boulevard south
to Seton Lake.
Both sides of Manchester Road from Devon Lane to Tuxedo
Boulevard.
Both sides of Bartlett Boulevard (County State Aid Highway
125), from 245 feet East of, to 310 feet West of the Lost
Lake Channel .of Lake Minnetonka.
62. 'The East side of Highland Boulevard abutting the publi~
park located east of HJighland Boulevard and just north of
Idelewood Road
6~, p The pa~k property located ~n Block 2, The Highlands.
~~~BO~,i~Of ~Gul"iilLane from Wren Ro~d .s~uth;t?
65. The westerly sides of the following streets:
Heron Lake from Paradise Lane to Sparrow Road.
Gull Lane f~om Enchanted Road. to Wren Road.
Finch Lane from Three Points Boulevard to
Harrison Bay.
Bluebird Lane from Harrison Bay to Jennings Bay.
Avocet Lane from Harrison Bay to Jennings Bay.
Canary Lane from Harrison Bay to Jennings Bay.
Dove Lane from Harrisom Bay to Jennings Bay.
Eagle Lane from Three Points Boulevard to
Harrison Bay..
Langdon Lane from Lynwood Boulevard south to dead
end.
Waterside Lane from Tonkawood Road to Breezy
Road.
Fern Lane from Church Road. to Tonkawood Road.
Cedar Lane from Church Road to Noble Lane.
Noble Lane from Tonkawood Road to Lynwood
Boulevard.
Overland Lane from Noble Lane to Harrison Bay.
i
TO
McCOMBS-KNU'I'SON
ASSOCIATES, INC.
12800 Industrial Park Blvd,
PLYMOUTH, MN 55441
(612) 559-3700
DATE I JOB NO,
WE ARE SENDING YOU ~g/Attached [] Under separate cover via
/
[] Shop'drawings CI Prints I"1 Plans
I'-1 Copy of letter
[] Change order []
'the following items:
[] Samples CI Specifications
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
I"l For approval
For your use
As requested
I"l For review and comment
[] FOR BIDS DUE.
[] Approved as submitted
[] Approved as noted
[] Returned for corrections
19
[] Resubmit
[] Submit
[] Return
copies for approval
copies for distribution
corrected prints
__ [] PRINTS RETURNED AFTER LOAN TO US
EQUA.I. OPPORTUNITY EMPLOYERS
SIGNED:
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Suite 104
Minneapolis, Minnesota 55441
612/553-1950
· SOB3=
P.lanning Co~mission and Staff
Mark Koegler, City Planner
July 6, 1987
Sign Ordi~nce Modification
The recent request for a signage variance for Shoreline Plaza prompted the
City Cot~cil to refer the item back to the Planning Commission for possible
ordinance modification. The.specific issue focused on the current size
restrictions found in Section 365:20, Subd. 5.(c). The variance application
for Shoreline Plaza requested an area identification sign totalling 120 sq.
ft. compared to the existing 48 square foot maximum.
Two approaches to this situation have been discussed. The first is to leave
the ordinance "as is" and grant ~ariances, if requi.red, for existing, shopping
centers. The second approach is to amend the ordinance to allow larger signs.
The City Cot~cil's directive was to consider approach number two.
Amendment of the ordinance is most easily accomplished by modifying Section
365:20, Subd. 5.(c) to read as follows:
"Area Identification Signs - One area identification sign is permitted
'per street frontage per commercial development provided, however, said
sign does not exceed forty-eight (48) square feet except as provided
herein, and fifteen (15) feet in height, and is not placed within ten
(10) feet of any street right-of-way. Area identification signs for
retail shopping centers containing at least 20;000 square feet of
attached gross floor area Shall-be permitted to have one area
identification sign per street frontage provided said sign does not
exceed 120 square feet in area. Shopping center signs shall be subject
to the same height and setback limitations of other B-1 area
identification signs Where area identification signs are used, no
free-standing signs 'shall be .permitted. In addition to area
identification signs, one wall sign is permitted for each business use
with at least 2,000 square feet of gross floor area. Such signs shall
not exceed forty-eight (48) square feet."
Planning Commission Minutes
April 27, 1987
Case No.. 87'624 Sign Variance for Shorel. ine Plaza Shopping'Center, 5229 Shore-
line Boulevard; Lots 7-20.& 26-35 including vacated alley, parking.area and
Park, Block 1,' Shirley. Hills Unit .F; PID. No. 13-117-13 23 0072
Stuart Chazen was present fo'r Mark Saliterman, owner of' the ShoPping Center
· The City Planner, Mark Koegler, reviewed his report. The existing sized sign
is grandf.athered in and is 8 X .10 feet and 28 feet iO'h~lgh~;', the ordinance limits
.free standj.ng signs to 48 square feet"and 25 feet in height..The replacement
sign proposed for one on ShoFeline is requested to be 10 X 12 feet and 30 feet in
height. .The proposed sign a.l.ong Wilshire Boulevard for Domino's Pizza conforms to
the ordinance and does not require a variance. Koegler commented the visibility
on Shoreline seems to be quite, good and the staff is recommending denial of the
variance f.or'the increased'sized sign.
Mr. Chazin disagreed on the visjbillty on Shoreline; he stated some of the ten~
.have ~eques~ed ~ larger sign be put 0p; the proposed sign would be two feet wi,
and'2 feet'higher which'would make it more noticeable and bring tenants back to
Mound. He did not believe that was'too large a'sign for a 28,000 square foot
shopping center. If they can get more tenants,' they would like to expand with
a 8,000:sqdare feet-addition onto the east of the structure.
The Commission discussed the sign ordinance and one'member commented ordinance
may be a little restrictive and that the Commission, at the time of ordinance
adoption, had stated they could consider visual impact on a case by case basis.
The Subject of the parking lot problems was also brought up.
Thal moved and Sohns.seconded a motion to recommend denial of the request
because it is 'against the ordinance. The .vot6 was Meyer, Reese and Smith
against'the denial; Andersen, Sohns, Thal and Jensen for the denial. Motion
carr'ied. 4 to'3.
This. will be on the.Council agenda for. May 12, 1987.
MINUTES OF THE
MOUND ADVISORY PLANNING COMMISSION MEETING
3ULY 13, 1987
Present were: Chairman Tom Reese, Commissioners Vern Andersen, William Meyer, Geoff
Michael, Ken Smith, Brad Sohns, William Thal, and Frank Weiland; Council Representative
Elizabeth Jensen, City Manager Ed Shukle, City Planner Mark Koegler, Building Official
Jan Bertrand, City Engineer John Cameron, and Secretary Holly McLaughlin.
Also present were the following interested persons: Gerald Berent, Gene Berent, J Ned
Dow, Dixie Dow, Leon Heller, Harley Jordan, Jerry Kohls, Paul Larson, Brian Johnson
Paul and Pat Meise].
The meeting was called to order at 7:30 p.m.
Chairman Reese added a 17% "grade" to the June 8, 1987 minutes on page 3. He also
questioned the process of making corrections stating not having the entire context
could have bearing on future decisions. Smith moved-~~ and Meyers seconded. The
vote was unanimous to approve.
The minutes of June 22~ 1987 correct the recognition of Steve as the Mayor and
added the phrase "availability of land to park R.V.'s". Weiland mo~ed.' and
Sohns seconde~ the vote was unanimous to approve.
BOARD OF APPEALS
1. Case No. 87-651 Side yard setback variance for 4695 Hampton Road. Lot 2,
Block 21, Shadywood Point, PID 13-117-24 11 0070, Gerald Berent was present.
A variance request for .3.3 feet sideyard setback to the west property line.
Berents stated to go Outward to the lake is objected by neighbors. He needs to
build up for the addition of two bedrooms and a full bath for his wife and two
children. Jensen proposed to treat this as practical difficulty and Sohns agreed.
Motion by Smith .to approve a 3.3 foot variance including a 12'bverhan§ ~, seconded
by Weiland. The vote was unanimously in favor. Goes before the council July 28.
Case No. 87-652 Minor subdivision for 4695 Hampton Road, Lots #13 and 14, part
of lots 28, 29, 30, and 31, Block 9, Pembroke, PID 19-117-23 33 008010087, Leon
Heller was present.
A subdivision request for a portion of the rear Lot 13 from Paisley Road to correct
a driveway encroachment on the adjoining property.
Andersen moved and Weiland seconded approval of the subdivision. The vote
was unanimously in favor.
Case No. 87-653 Lot size variance for 4994 Manchester Road Lot 12, Block 33,
Wychwood, PID 24-117-24 42 0005, J. Ned and Dixie Dow were present°
A variance of 6.5 feet with conforming setbacks is requested by Dow. Dow states
that his home is too small to add a second floor, the first floor would be ruined.
Smith states that this is "back to the commons problem again." The council is
not in favor of expanding on 4700 foot lots, it's a case of practical difficulty.
With the commons and two roads on either side there is breathing room. Weiland
favors the comment that he can't consider it as his property for enlargement--
it is part of the commons. /he Commons are for everyone's use.
Planning Commission Minutes
July 13, 1987 - Page 2
Motion by Anderson to approve the variance, seconded by Michael. The vote
was unanimous.
Goes before the council July 28, 1987.
e
Case No. 87-654 Public Hearing for conditional use permit for an oversized
accessory building with living space.
Thi.s.item was tabled until the Planning Commission meeting of July 27, 1987 at
applicant's request.
PUBLIC HEARING ONAPPLICATION TO REVISE CONDITIONAL USE PERMIT TO ALLOW "ON
e
SITE OPEN STORAGE."
Balboa Construction '~ompany, 5340 Shoreline Boulevard Metes and Bounds descript-
ion, Blocks 5&6, Sylvan Heights Addn., etc. PID No. 13-117-24 34 0076. There
were no representatives of Balboa.
Mark Koegler reviewed his letter of July 1, 1987 discussing background and his
recommendations. Chairman Reese questioned the use of thirty days to have
trailers parked on the property. Wei]and' was c6ncerned that Balboa m~ht move
one (trailer) out and replace it with anther immediately, thus constituting
permanent parking.
Planning Commission Chairman opened discussion to the audience and asked
for comments:
Jerry Kohls, 5424 Lynwood Road requested to have a stipulation to clean up their
existing mess before they cause more of a mess.
Sohn questioned about acceptable landscaping.
Harley Jordan, 2193 Cedar Lane, agrees with the necessity to clean up the area
and allow the parking of trailers.
The public hearing was closed; comments by the commission.
Weiland questioned how to control the number of days to allow parked trailers to
remain on the property.
Smith sdggested that it really doesn't matter how many days a trailer is there,
because.they only have "x" number of slots to park trucks in to begin with.
Meyer agrees.
with staff's recommendation
Weiland.~mov~d. the approval of on site open storage/and Meyer seconded.
Unanimous approval. Moves on to council.
Case No. 87-656 fourteen foot front yard variance for 2193 Cedar Lane Lot 18
and part of 19, Block 2 Abraham Lincoln Addn to Lakeside Park, PID 13-117-24 32 0015.
A front yard variance of 14 feet is being requested by the applicant to construct
an attached 24×24 foot garage. Resolution 87-136 approved the same request, but
it has expired.
Planning Commission Minutes
July 13, 1987 - Page 3
Reese questioned the necessity of having a 24 foot garage, instead of a 22 foot
StFUC~u~e. Jordan stated he needs the additional room to do car repairs o, his
vehicle.
Motion by Anderson to approve the variance, seconded by Smith. The approval
was unanimous.
P_IIBLIC HEARING ON APPLICATION TO ALLOW RETAIL MAIL ORDER ,IN THE CENTRAL BUSINESS
~YiSTRICT BY CONDITIONAL USE PERMIT.
A. Paul Meisel, 2339 Commerce Boulevard Lots 2 & 3 and Subd. 167 & part of Lots
13,14,15, & 16 lying west of east 70 ft, Kennedys Subd of Lot 56, Lynwood Park,
PID 14-117-24~44 0002.
Mark Koegler reviewed his letter of July 1, 1987 discussing background and his
recommendations.
Planning commission chairman opened discussion by the audience:
Meisel presentedsketches stating it will make the downtown look better. Meisel
will be purchasing both the land and the building. They will continue membership
in the downtown parking association. Reese questioned the issue of dock deliv-
eries. Meisel stated they will be having one to two deliveries per day with semi
trucks. Meisel also stated that Phase III of their plans will close the alley.
off to 12 feet.
Harold Meeker, 5132 WateFbuFy Rd.,stated t~at the Meisels give the best shot to
the City of Mound foF "Mound City Days".
Public hearing was closed; Koegler stated there should be two separate motions.
Thal moved approval of the required ordinance modification allowing mail order
uses as conditional uses in the B-1 zone and Anderson seconded. The approval
was unanimous.
Weiland moved approval of the conditional use permit contingent upon the
three conditions stated in Koeglers recommendation and Anderson seconded.
The approval was unanimous. Public hearing before the council on August 11.
Se
Case No. 87-658 for minor subdivision for 5325 Waterbury Road Lot 54 Whipple
Shores, PID 25-117-24 21 0154'f0153. Mr. Lepisto was not present.
.Bertrand discussed applicants request to subdivide two properties into 8925 &
8175.sq. ft. They recommend the deflection line be moved, the legal descriptions
be approved by Cameron, City Engineer, and that the Public Hearing be waived.
Comm. discussed that this would be creating two undersized lots of which only
one is currently undersized. There is a question as to the legal size of the
lot. Comm .... has decided to table the subdivision until they receive more in-
formation and verification of the lot size.
Jensen moved to table and Weiland seconded. It was carried unanimously.
Planning Commission Minutes
July 13, 1987 - Page 4
Case No. 87-659 Minor subdivision for 49xx Glen Elyn Road Lots 17, 18, 19,
Block 24 Shadywood Point, PID 13-117-24 11 0094/0095. Paul W. Larson was
present. (Larson~is a realtor representing the seller.)
Applicant is requesting subdivision to remove an encroachment of the building
located on lot 17 to allow conforming sideyard setback to the structur~ and
waiver of the Public Hearing provision of the subdivision ordinance.
The previous owner of lot 17 built over the property line. A survey didn't show
the property line when it was purchased. Meyer proposed to make parcel A a
conforming area by increasing the parcel to at least 10,000 sq. st. At
this time parcel B is not closed, it is delayed pending approval of this sub-
division. Reese suggested tabling, Larson stated "no". Brian Johnson
inquired as to the!-leg~lity of 9000 sq. ft. for parcel A. Reese stated the
need to recognize a maximum 10% variance mandated, Brian will try to get over
9000 sq. ft.. Brian suggested approval contingent upon the change by the time
it will go to council. Thal suggested it be tabled until.the 27th and then
to turn it around to the council.
PaSs it on
Weiland moved to table until the 27th and ~I~a~e~ to the Council 7-28-87
Sohns seconded. Approval was unanimous.
Warner Road is on agenda for next time with full report to the Planning Commission.
DISCUSSION
Harold Meeker is interested in building a hotel on 40 acres and Wished to
deed back the unused land. He is asking for opinions from the Commission for
the Lost Lake Request for Proposal.
Reese questioned the benefits of buying 40 acres and selling back 38 acres. The
· Commission showed an interest in Mr. Meeker's proposed submittal and suggested he pro-
Jensen asked if he was asking to see if it was protected, ceed.
Smith questioned if any of it was sellable or marsh. He also asked about
potential problems with the DNR. The city now owns the property.
Public Works Facility.
Ed Shukle and John Cameron made a presentation of their plan for a downscaled
version of the public works facility to be located at Belmont and Lynwood.
There was much discussion by the council questioning alternative sites, other
methods of storage for stock pile, screening, & future plans.
Anderson protested stating this was the last of the retail si~es and that many
people will fight over that location of the proposal. Sohns agreed.
space potential available along Commerce
Thal stated that Mound has plenty of retail/and Meyer agreed.
Jensen stated that the City Council is behind this plan.
Planning Commission Minutes
July 13, 1987 - Page 5
Blvd. to'keep it away from down-
Sohns suggested moving the location east on Lynwood ~~-~~~.
town and poss;b]y'where the ]and may be cheaper.
Shukle will look into moving the facility to this location for next time.
Signs.
Meyer questioned why signs can't be addressed on a case
than changing the law.
for shopping centers
by case basis/rather
Meyer motioned and Sohns seconded a case by case decision will be made.
No ordinance change to the sign provisions is recommended by the Planning Commission.
Jensen and Thal opposed, Michael abstained, and six were in favor.
e
Tabled exterior storage for next meeting, except for making the correction of
inserting the sentence "Temporary storage is controlled by the restrictions found
herein." at 23.702 item (1) after the last word in the paragraph (ordinances).
Also brief discussion as to the inclusion of a grandfather clause.
5. Housing Maintenance Code.
Question of whether it is internal, external, or both. Other questions that
surfaced included how to deal with internal, the prospect of running into
health aspects, what city/state laws may apply. Primary attention should be for
external maintenance, but we have to address both.
It will need an ordinance to take care of the issue. It should be applied to
both owner occupied and renters. The inspection could take place at the sale
of the property.
$ohn suggested that we are starting at the wrong end. We need to talk to peoplg,
seek alternatives. Committee agreed to
gather information to enable committee to approach public for input.
6. Does committee wish to continue advertising meeting dates? Yes, unanimously.
7. Interview dates for position on commission--August 24, 1987 was decided upon.
ADJOURNMENT
Weiland moved and Meyer seconded to adjourn the meeting at 11:20 p.m. Ail
were in favor so the meeting was adjourned.
Chairman Thomas Reese
Attest:
May 12, 1987
CASE ,t87-62~ .-
SHORELINE PLAZA, 52~9 SHORELINE BLVD.. EIDN
VARIANCE
The City Planner explained the request. The Planning Commission
~ecommended denial because the request is not a hardship.
Mark Saliterman, owner of the shopping center, stated that the
request is valid and the sign allowed is too small for the
center. He stated he does not feel the ordinance was written tb
deal with a multi-tenant center.
Smith moved and Abel seconded the following resolution:
RESOLUTION ~87-91 RESOLUTION.TO APPROVE THE SIGN VARIANCE AS
REQUESTED FOR 5229~ SHORELINE BLVD.,
· SHORELINE PLAZA
There was discussion on the current sign ordinance', sizes of
sign allowed, the inte'grity of the current ordinance,
variance criteria and hardship. The City Attorney suggested
that if the council feels the ordinance should be reviewed or
amended they should have the Planning Commission study it.
Abel withdrew his second and Smith' withdrew the resolution.
MOTION made by Smith, seconded by Jense~ to table Case ~87-
62~ to a future date and direct the Planning Commission to
review the sign ordinance as it relates to shopping centers
with multi-tenant occupancy. The vote was unanimously in
favor. Motion carried.
Planning Commission Minutes
July 13, 1987 -Page 5
Sohns suggested moving the location up east on Lynwood where the land is cheaper.
Shukle will look into moving the facil±ty to this location for next time.
Signs.
Meyer questioned why signs can't be addressed on a case by case basis rather
than changing the law.-
~eyer motioned and Sohns seconded a Case by case decision will be made.
No ordinance change to the sign provisions is recommended by the. Planning Commission.
Jensen and Thal opposed, Michael abstained, and six were in favor.
Tabled.exterior storage for next meeting, except for making the correction of
inserting the sentence "Temporary storage is controlled by the restrictions found
herein." at 23.702 item (1) after the last word in the paragraph (ordinances).
Also brief discussion as to the inclusion of a grandfather clause.
Housing Maintenance Code.
Question of whether it is internal, external, or both. Other questions that
surfaced included how to deal with internal, the prospect of running into
health aspects, what city/state laws may apply.
It will need an ·ordinance to take care of the issue. It should be applied to
both owner occup%ed and renters. '.The inspection could take place at.the sale
of the property. '
Sohn suggested that we are starting at the wrong end. We need to talk to people,
seek alternatives, and see what expenses are involved. Committee agreed to
gather information to enable committee to approach public for inputl
Does committee wish to continue advertising meeting dates? Yes, unanimously.
ADJOURNMENT . .-
Weiland.motioned and Meyer seconded to adjourn the meeting at 11:20 p.m.
were in favor so the meeting was adjourned.
Interview dates for position on commission--AugUst 24, 1987 was decided upon.
All
Attest:
Chairman Thomas Reese
Information for July 28, 1987 Council Meeting
July 22, 1987
Public Dance Permit - 8-1-87 Incredible Festival
Our Lady of the Lake Church
Charitable 3.2 Beer Permit - Aug. 1 & 2, 1987 Incredible Festival
Our Lady of the Lake Church
BILLS ...... JULY 28, 1987
Batch 874071 Computer
Batch 874072 Computer
run dated 7/22/87
run dated 7/23/87
81,961.89
57,539.06
SuperAmerica
J.B. ConStruction
Audio Visual
Ketch-All Co.
Paramount Chemical
Andy's Hfg
Lutz Tree Serv.
Hclard & Assoc
Gasoline
Final-Vestibule
Extension cable
Pole
Shine on
Uti1 co,er/animal1 truck
Diseased tree removal
Hoist
756.43
1,904.00
116.00
70.20
315.14
250.OO
2,250.00
12,466.25
18,128.02
TOTAL BI LLS
157,628.97
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!301 Pennsylvania Avenue, N.W.
Washington, D.C. 2~ PAID
~rmlt NO.
231
Memfleld,
COUNCILO MANAGER
POLICY LEADER SEMINARS
rtno urea .
FRANCHI SE. NAME
VIEWING HABITS
~ OF SUBSCRIBF~S I
# OF RRSPONSES
~ ,. N/f~ ~ I 2 3 4
PROGRAMMING
WATCH WATCH WATCH NOT
g/~ OFTEN SOME RARELY
: ~'E^Tt, RE MOVIES
.CHILDREN'S PHOG~U'~S 11'~''7% ~6- ?.1%
CITY COONCIL "LIVE" 22:10%, ~,-
o.s. CONGREss 'L~VE,' !2~'1~ q-
="LOCALLY PRODUCED PROGRAMS
NEWS PROG~S t1'4 - U'/o 16q - 5'1%
SPECIAL ~'M STATIONS !55~25% IR-
MOVIES
SOMEWHAT NOT
W//~ PREFER INTERESTED
F,~ILY MOVI~-S 10-5%J~ZO 5&% qO 53% Iq ~%
ACTION MOVIES
· ,, Iq- 8~25-5~ Io[- 2~% ~1- 5%
w~.~ Z~-12~'~-21% tiff- q~%q~- 20%
COMEDIES
~s,ER~ Iq- g%lqg-bb%R5- l/~%~lq- 8%
NEW PROGRAMMING & OTKER SERVICR~
VERY SOMEWHAT NOT
~/~ INTERESTED INTERESTED
CABLE TV SERVICE RATING
EXCELLENT GOOD POOR
CLARITY OF CABLE TV RECEPTION
HELPFULNESS & COURTESY OF SERVICE PEOPLE
RESONABLENESS OF BILLING PROCEDURES
RESPONSIVENESS TO SERVICE & BILLING CALLS
Iq'
L~_
!1
..................
Metropolitan Council
300 Metro Square Building
Seventh and Robert Streets.
St. Paul, Minnesota 55101
Telephone (612) 291-6359
July 15, 1987
To: Local Government Contact Persons
The Metropolitan Council staff has prepared preliminary April 1, 1987
population and household estimates for your community. These preliminary
estimates, together with a fact sheet containing the primary data used to
prepare your community's estimates, are enclosed.
The Council would like to hear your comments or concerns before finalizing the
estimates for the State Department of Revenue. The Revenue Department will use
the figures to calculate the amount of aid local communities receive under the
Fiscal Disparities Act and the local government aid law. The change in
estimated population or number of households is a part of the formula used to
determine levy limits applicable in 1987 for counties and for cities of 5,000
or more population. The Council also uses the numbers to monitor population
and household changes in Metropolitan Area communities.
Please address questions concerning the levy limits and local government aids
to Rich Gardner, Minnesota Department of Revenue, 296-2286.
We'd like to finalize these estimates by July 30, 1987. To do this we need
your comments as soon as possible. If you have concerns about the estimates,
please contact Kathy Johnson of the Council's staff at 291-6332 as soon as
possible. We will make every attempt to work with you to make any necessary
adjustments in time to be incorporated in the Revenue Department's
calculations. Written comments may also be directed to Ms. Johnson at the
Council's mailing address.
Because the population and household estimates are of great importance to the
cities, as well as to the Council in its planning work, we want to provide
estimates that are not only accurate but treat each city fairly and
consistently. If you have any questions or concerns, please do not hesitate to
call. Thank you for your prompt attention to this matter.
Sincerely,
Steve Keefe
Chair
SK/dc
Enclosures
An Equal Opportunity Employer
METROPOLITAN COUNCIL PROVISIONAL POPULATION ESTIMATE - APRIL 1, 1987
City or Township
1987 Housing Units
Estimated Total
Housing (Including
Estimate 1980 Uncompleted Estimated Estimated
By Type Housing Units 1986 Permits) Completed Occupied
Household Estimates
1980 Household Estimate
1986 Household Estimate
1987 Household Estimate
Population Estimates
1980 Total Population
1980 Group Quarters Population
1987 Group Quarters Population
, 1987 Population in Households
1987 Population Estimate
6)
Persons Per Household
1980 Persons per Household
1986 Persons per Household
1987 Persons per Household
*All numbers are as of April I of each year.
HENNEPIN COUNTY
APRIL 1, 1987
POPULATION ESTIMATES
April 1,
1980
Census
April 1,
1987
Estimate
Persons Per Household
April 1, April 1,
1980 1987
Census Estimate
Bloomington 81,831 84,480 2.82 2.55
Brooklyn Center 31,230 29,555 2.89 2.61
Brooklyn Park 43,332 52,392 2.84 2.69
Champlin 9,006 13,261 3.29 3.10
Chanhassen (Pt.) 8 4 4.00 4.00
Corcoran 4,252 4,862 3.42 3.36
Crystal 25,543 25,009 2.82 2.65
Dayton (Pt.) 4,000 4,247 3.45 3.38
Deephaven 3,716 3,699 3.02 2.81
Eden Prairie 16,263 30,712 3.01 2.60
Edina 46,073 45,924 2.55 2.29
Excelsior 2,523 2,587 2.15 2.00
Fort Snelling 223 216 3.12 2.71
Golden Valley 22,775 21,527 2.86 2.52
Greenfield 1,391 1,519 3.46 3.26
Greenwood 653 655 2.79 2.63
Hanover (Pt.) 248 257 3.87 3.63
Hassan Twp. 1,766 1,961 3.91 3.56
Hopkins 15,336 15,065 2.12 1.96~
Independenoe 2,640 2,714 3.35 3.13
Long Lake 1,747 1,969 2.89 2.53
Loretto 297 345 2.72 2.41
Maple Grove 20,525 33,449 3.29 3.17
Maple Plain' 1,421 1,715 2.92 2.72
Medicine Lake 419 396 2.59 2.44
Medina 2,623 2,930 3.41 3.18
Minneapolis 370,951 356,677 2.19 2.09
Minnetonka 38,683 43,025 3.00 2.58
Minnetonka Beach 575 593 3.07 2.76
Minnetrista 3,236 3,584 3.32 3.09
Mound 9,280 9,849 2.74 2.67
New Hope 23,087 22,785 2.91 2.65
Orono 6,845 7,21.2 2.99 2.81
Osseo 2,974 2,761 2.66 2.47
Plymouth 31,615 43,834 2.96 2.65
Richfield 37,851 36,828 2.46 2.34
Robbinsdale 14,422 14,528 2.46 2.32
Rockford (Pt.) 380 462 3.04 2.70
Rogers 652 706 3.10 2.93
St. Anthony (Pt.) 5,619 5,514 2.90 2.56
St. Bonifacius 857 1,084 3.05 2.78
St. Louis Park 42,931 43,363 2.38 2.15
Shorewood 4,646 4,921 3.13 2.94
Spring Park 1,465 1,508 1.97 1.86
Tonka Bay 1,354 1,453 2.74 2.53
Wayzata 3,621 3,668 2.25 2.07
Woodland 526 496 2.87 2.73
986,301 2.51 2.54
941,411
COUNTY TOTAL
July 17, 1987
To: Local Government Key Contacts
Metropolitan Council
300 Metro Square Building
Seventh and Robert Streets
St. Paul, Minnesota 55101
Telephone (612) 291-6359
Earlier this year the Metropolitan Council invited your community to partici-
pate in our strategic planning process. Council members and I appreciate the
opportunities that have been extended to us to meet with you. We've discussed
with you the long-range concerns of our region, and have received thoughtful
input from many communities and organizations.
As we indicated to you this spring, the Council's strategic planning effort
doesn't end with identifying thos~ issues it wants to concentrate its efforts
on in the immediate future. Strategic planning will continue to be an
important part of our work over the next several years and will involve an
ongoing dialogue between the Council and its constituencies.
Our recently completed six-month process, however, did identify issues, and the
goals and strategies to address them, and incorporated the concerns and ideas
of our constituencies. Several major areas emerge that suggest a focus for our
work in 1988. In the Council's budget document, staff has proposed six
priorities for work in 1988 based on the Council's work. These priorities,
which the Council will consider next week, are as follows:
o The regional economy, with a focus on better understanding of the
regional economy and how it ~elates to state, national and international
economic activities.
o Human resources framework, with a focus on developing more integrated
policies that address human needs in the region, as the Metropolitan
Development and Investment Framework does for physical systems.
o Water, with a focus on improved management of the region's water supply
and quality.
o Transportation, with a focus on gre~ter balance in the regional system
through new policy direction and transit strategies.
o Strategic planning, with a focus on improving the Council's capability
to anticipate and define future regional issues.
o Solid waste, with a focus on continuing to move the regional system in
new directions set forth in Council policY and legislative action.
Enclosed is a copy of the public meeting n~tice and Overview for the Council's
proposed 1988 Work Program and Budget. I encourage you to continue to help the
Council set its work agenda for 1988 and beyond by participating in our current
budget setting process and our ongoing strategic planning efforts.
Sincerely,
Steve Keefe
Chair
O~ ~'~ An Equal Opportunity Employer
NOTICE
OF
METROPOLITAN COUNCIL
PUBLIC MEETING
PROPOSED 1988 WORK PROGRAM AND BUDGET
The Metropolitan Council's Management Committee will hold a public meeting to
receive comments on the Council's proposed 1988 work program and budget. You
are strongly encouraged to participate in this meeting and provide the
committee with your input during the development stages of the budget document.
The proposed budget was developed based on direction provided by members of
the Metropolitan Council at three spring retreats·
The Management Committee will be reviewing the proposed document during July
and August. The Council will hold a public hearing Sept. 10 prior to its final
adoption of the 1988 work program and budget on Sept. 24.
Enclosed is a summary of the proposed work program and budget. Copies of the
full budget document are available from the Council's Data Center.
PUBLIC MEETING INFORMATION
When:
Tuesday, July 28, 9 a.m.
Where:
3rd Floor, Metro Square Bldg.
7th and Robert Sts.
St. Paul
Who will
be notified:
Local Officials
Minority organiZations
Business organizations
Regional Commissions
Council advisory committees
Interested persons
How to
participate:
You may attend the meeting and offer comments.
To register in advance to speak, please call
Jane Larson at 291-6500.
You may send a letter with comments to:
Alan Morris
Metropolitan Council
300 Metro Square Bldg.
St. Paul, MN 55101
Any
questions:
Call the Council's Finance Division and talk to:
Alan Morris (291-6446) or Tim Fleetham (291-6374).
To receive a copy of the document call 291-6464.
METROPOLITAN COUNCIL'S
PROPOSED 1988 WORK PROGRAM AND BUDGET
WORK PROGRAM
The 1988 work program development process was designed to encourage awareness
and .understanding of a longer-range strategic perspective on regional issues.
The Council identified critical issues for the Twin Cities region's future and
identified goals to achieve in addressing these issues. The following goals
are identified in the proposed 1988 work program. The first six goals were
identified by staff as priorities for Council consideration.
'O
O
The regional economy. Understand the regional economy and how it relates
tostate, national and international economic activities.
Human Resources Framework. Develop more integrated policies that address
human needs in the region.
Water. Improve management Of the region's water supply and quality.
Transportation. Develop a balanced transportation system to satisfy
long-term social and economic goals of the region.
Strategic planning. Anticipate and define future regional issues through
an ongoing "environmental scanning" process.
Solid waste. Lead region to establish a solid waste System that protects
the environment.
o Basic Research. Identify, track, interpret and report on trends with
.regional policy implications.
o MD~F followup. Incorporate the Council's basic growth 'and resource
management strategy into Council plans and decisions.
o Metropolitan Development Guide/local plannin$. Promote and assist local
government implementation of Council policies.
0
0
0
Housing. PromOte and guide orderly development of housing.
Arts and cultural opportunities. Encourage access to cultural activities.
Services to older persons. Ensure that older people have access to, and
are able to obtain, needed assistance.
Health costs and Health status. Encourage the containment of health costs
while maintaining or improving health.
o
o
Metro governance. Adapt the institutional arrangements of the metro
agencies to ensure each is accountable for service delivery decisions.
Financin~ infrastructure. Establish regional policy for long-term
infrastructure planning and financing.
Refflonal parks. Ensure regional recreation open space needs are met.
Consensus-buildinff. Help build participation and develop consensus among
parties on ways to solve regional problems.
Information for Council decision-making. Provide appropriate information
to help the Council make informed decisions.
General information. Expand people's understanding of regional issues
and Council policies and activities.
Information for decision-makers. Make appropriate informaiton resources
available and accessible to improve regional decision-making.
Commitment for Council decisions. Build public support for important
Council policies.
BUDGET
o The proposed budget for 1988 is $11.9 million. This represents a 2 percent
increase from the 1987 adopted budget of $11.6 million and a 2 percent drop
from the 1987 amended budget of $12.1 million.
o
o
The largest share of the Council's proposed budget, 60 percent, will come
from a regional property tax levy. The proposed levy of $7.2 million
represents a 5 percent increase over the 1987 levy.
The proposed budget for 1988 supports a staff complement of 206.
In addition to the proposed budget of $11.9 million for agency operations,
the. Council anticipates administering $34.6 million in grants and $1.8
million in loans for various federal and state funded programs.
REVIEW SCttF~ULE
Following is the schedule for review of the Council's 1988 work program and
budget.
July 14
July 21
July 28
August
August 13
August 18
September 10
September 15
September 23
September 24
Management Committee review
Management Committee review
Management Committee review
Public meeting to receive comments
Management Committee sets public hearing and recommends 1988
work program and budget public hearing draft
Council adoption of 1988 work program and budget public
hearing draft
Management Committee discussion (if necessary)
Council public hearing on 1988 work program and budget
Managment Committee review and recommendation
Nearing record closes
Council adopts 1988 work program and budget, *.~:.~-!
AT&T
~uit® ¢~0
400 North Flob~rt Street
St. Paul. IVlinne~ota 55101
July 15, 1987
To: City & County Clerks
The attached information regarding changes in AT&~'s rate
structure is being sent to you pursuant tQ Order by the Minnesota
Public Utilities Commission.
Please post or distribute this information to those in your
organization as you see fit.
Assistant Manager-External Relations
NOTICE OF W~THDRAWAL OF RATE
and
NOTICE OF RATE CHANGE
In April 1987, AT&T Co,~,~nications of the Midwest, Inc. (AT&T) published a
Rate Change Notice (Docket No. P-aa2/M-87~5~) announcir~g {ts schedule of
proposed restructured rates for MrS, WATS and Channel Services. The filing of
the rate restructure was in compliance with the Minnesota Public Utilities
cora~ission (~[f'uc) Orders:
Docket Nos. P-442/M-85-408 and M-85-583 (AT&T's Operator and Credit Card
Surcharges and its Evening and Night/Weekend Discount cases), and
Docket No. P-442, P-421/CI-85-454, the Commission Investigation into the
Provision of and Billing of Wide Area Telecommunications Service (WATS).
On May 1, 1987, in accordance with Minnesota Public Utilities Commission Order
dated March 30, 1987, the following interim rates became effective.
Full Time Service:
AT&T Outward WATS
Prior Rate:
Interim Rate:
$974.00 per month
$869.00 per month
'AT&T 800 Service:
Prior Rate:
Interim Rate:
$869.00 per month
$758.25 per month
Tapered Service:
Hours Groups
0-15 15-40 40-80 Over 80
AT&T WATS
Prior Rates: $15.25 $14.75 $13.75 $11.75
Interim Rates: 13.30 12.85 12.00 10.25
AT&T 800 Service
Prior Rates: $17.00 $16.50 $15.50 $14.00
Interim Rates: 14.85 14.40 13.50 12.20
Two-Way WATS
Prior Rates: $18.70 $18.15 $17.05 $15.95
Interim Rates: 16.30 15.85 14.90 13.90
The interim rates shown above, reflect a $4.5a3 million annual reduction in
rates previously charged for AT&T's Wide Area Telephone Service (WATS).
(continued)
On'June 9, 1987, AT&T filed for a Voluntary Dismissal Without Prejudice of its
Notice of Rate Charge. (Docket No. P-442/M-87-54). In addition to the
Voluntary Dismissal, AT&T requested that the Convnission allow the interim
cards to remain in effect as final cares.
On June 30, after interested parties were given the opportunity to co~ent on
AT&T's request for voluntary dismissal, the Con~nission allowed AT&T to
voluntarily dismiss its proposed rate restructure case. The Co~ission also
allowed the interim rates shown above to become final rates.
RATE CHANGE
On AuEust 8, 1987, AT&T Midwest, Inc., will revise its rates for eveninE lon~
distance rates for calls placed within Minnesota. The discount for eveninE
lonE distance rates will be reduced for 39% to 32%.
This revision is bein~ made to recognize the end of a rate refund period,
pursuant to tt%e M~nn~ota Public Utilities Co-m~ssion Order, Docket Nos.
P-442/M-85-409 and 583. ..
The Order, issued September 29, 1986, required'AT&T to temporarily reduce
eveninE intrastate rates by 7%, effective October 1, 1986 throuEh AuEust 8,
1987. The purpose was to refund the overcharEes collected durin~ the period
of December 15, 1985 to September 30, 1986.
Copies of AT&T's WATS tariff, and lonE distance rates tariffs are available
and may be reviewed by the public durinE normal business hours at the
Department of Public Service, 790 American Center Buildin~c 160 East Kello§E
Boulevard, St. paul, MN 55101 and at AT&T's Marketi~ Office, 83Q0 No~man
Center Drive, 9th Floor, BloominEton, MN 55437.
Customers who have questions re~ardinE any of the chanEes may call AT&T,
toll-free at 1-800-325-0138 (business customers) or 1-800-222-0300 (residence
customers).
AT&T Communications of the Midwest, Inc.
a ociation of
metropolitan
municrpalitie
July 17, 1987
Mr. Edward Shukle
City Manager
5341M'aywood Road
Mound, Minnesota 55364
Dear Ed:
You are invited to a "dutch treat" breakfast meeting on Wednesday, August
5th. at 7:30 A.M. We will be meeting in the Plymouth Holiday Inn,
Plymouth Room, 3000 Harbor Lane, (I 494 & Hwy. 55), Plymouth, Minnesota.
Please R.S.V.P. to Carol Williams at 227-5600 by Monday noon August 3,
1987·
This "get-together", sponsored by the Association of Metropolitan
MUnicipalities (AMM), has a three-fold purpose:
To provide member city officials the direct opportunity to help
establish the yearly AMM agenda and work program with respect to
city issues and concerns (local-regional-state). Issues raised at
this meeting will be forwarded to the appropriate policy committees.
e
To provide the AMM Board and Staff the opportunity to appraise you
of major program and issue priorities as seen by the Board and
St aff.
To provide a forum to educate selected non-member city officials in
your area as to what the AMM is and what it does.
We expect this to be a very informal gathering with lots of give and
take.
183 university avenue east, st. paul, minnesota 55101 (612) 227-5600
The impetous for this series of meetings originated in the
recommendations put forth by a Membership Services Committee study of
the AMM services and operations. The study concluded that there was a
need for better and more direct communication and dialogue between the
AMM office (Board and Staff) and member city officials. We sincerely
hope you can attend and that you will pass on this invitation to members
of your City Council as well. We are inviting your Mayor by separate
letter.
We look forward to seeing you on August 5th.
Most Sincerely,
Neil , AMM President
Bloomington City Councilmember
Karen Anderson AMM Boardmember
Minnetonka Councilmember
MEMO
TO:
Minnehaha Creek Watershed District
Board of Managers
FROM: E.A. Hickok and Associates
DATE: July 16, 1987
RE: Lake Level, Flow and Precipitation Summary for June, 1987.
Lake levels in Lake Minnetonka have continued to decline through June as
illustrated by the attached graph and lake elevations. There has been virtually
no discharge from Lake Minnetonka into Minnehaha Creek since October 20, 1986.
Minnehaha Creek at the Browndale Avenue Dam in Edina has maintained a flow
throughout June. This is shown by the Monthly Flow Summary.
The 30 year average precipitation for June at the National Weather Service
~ation in Maple Plain is 4.83 inches. The actual precipitation recorded in
Wayzata for June.was 2.41. A summary of precipitation is attached.
9..~0.00
929.80
929.60
929.40
929.20
929.00
928.80
928.60
928.40
928.20
928.00
927.80
927.60
g27.40
927.20
927.00
07-dul-86
Minnehaha Creek Watershed Distric}
NOHW(929.4)
RUNOUT ELEVATION (928.6)
LAKE ELEVATION
I I I I I I I
15--0c t--86 23-Jean--07 03- Mc;y-87 11 --Au9--87
Dal:e
:.:~,~,, =~ev::~on Flow Date Eievatimq
..... /-~-~5 928.51 5 06-M~r-87 928.35 '0
928.35 12 01-Cc]-~ ;~= ..... :~: !50 .... 08-De:-86 928.42 0 '=-~"-u,,-=, '? 927.6~
9£%84 12 :]-Oct-~5 928,~0 75 18-F~:-~7 929.35 0
Maple Plain
Mi nneapol i s-St.
Int' 1 Airport
Wayzata
* Estimated by
time of this
Preci pitati on Summary
Actual
Paul
Ju ne 2. O*
Ju ne 1.95
.June 2.41
State Climatology Office, actual
summary
30 Year Average
4.83
4.07
reading unavailable at the
June 8
June 10
June 12
June 15
June 17
June 19
June 22
June 24
June 26
June 29
Monthly Flow Summary
July 16, 1987
Gray's Bay
(cfs)
Browndale Avenue Dam
(cfs)
0
0
0
0
0
0
0
0
0
0
2.85
2.11
6.46
2.47
2.47
4.09
15.47
5.96
4.99
5.47
A. THOMAS WUI~ST, P.A.
CURTIS A P£AI~SON, P.A.
~IAM£S D I~RSON. P.A.
THOMAS I~. UNDERWOOD, P.A.
CRAIG M. MERTZ
ROGE:R ~1. ~I~LLOW$
LAW OFFICE~$
WURST, PEARSON, LARSON, UNDERWOOD & MERTZ
IIOO FIRST BANK I='LACE W£ST
MINNEAPOLIS, MINNESOTA 55402
July 17, 1987
($12) 338-4200
Mr. Mark Koegler
VanDoren, Bazard & Stallings
3030 Barbor Lane North
Suite 104
MinneapOlis, Minnesota $5441
Re: Nonconforming Uses - Planning Items
Dear Mark:
This will confirm our conversations and our meeting on July 17,
1987. You have asked to have me send you any materials I have which might
help to explain the recent Supreme Court cases of First English Evangelical
Lutheran Church of Glendale v. County of Los Angeles, California and the
case of Nollan v. California Costal Commission. Both of these cases have
been resolved by the Supreme Court in a manner which is contrary to the best
interests of local government controls.
I am enclosing a copy of a summary from the Court report which I
think in the summary form points out that if a local government is involved
in adopting a regulation which takes the use of a person's property the
constitution requires that compensation be paid from the time of the
taking. Previously, when damages were allowed, they were calculated only
from the time that the ruling or regulation was determined to be
unconstitutional or unenforceable.
I am also sending you a copy of a report from the Urban Land
Institute which goes into and comments on the case of Nollan v. California
Costal Commission. I also enclosed, at this time, 4 pages which relate to
Minnesota'Law and the municipal land use field. These.are general cases
and also go into rezoning, special uses, variance, subdivision and plat
approval questions and conditional use permits. T~is is probably the most
current and updated report we have on Minnesota zoning decisions. You have
indicated that the Planning Commission may want to review or read these
cases and that it would be helpful to them'in carrying out their duties. I
suggest that the same thing may be true for the City Council and I am
enclosing copies of this letter and enclosures to Mr. Shukle for his review,
and if he deems it advisable he can pass them on to the City Council. The
last item of interest which you will find in this material is a Syllabus of
the Supreme Court of the United States - (First English Evangelical
Lutheran Church of Glendale v. County of Los Angeles), do take a look at that
case, too.
WURST, PEARSON, LARSON, UNDERWOOD & JVIERTZ
As I stated in our meeting on July 17, 1987, I think that it is
imperative that the Planning Commission and the Council understand their
goals and the policies and then consistently apply those goals and
policies. When Courts review zoning cases, they are very critical of
municipal officials who do not make adequate findings or state reasons for
their actions, and as we both know, it is impossible for either Planning
Commissioners or City Council Members to state those reasons unless they
understand the process and their own goals.
The whole purpose of a Comprehensive Plan and a Zoning Ordinance is
to indicate that at some future date the City will have arrived in utopia and
all properties will have been brought into conformance with the goals and
the standards established by the City's Ordinances. In the case of Mound,
we will always live with the 1890's platting which established 80 X 40 ft.
lots, and it will be several generations before those problems are brought
into total control if even at that time.
Very truly yours,
Curtis A. Pearson
City Attorney
City of Mound
CAP: kl
cc: Mr. Ed Shukle, City Manager
COURT HOLDS LANDOWNER MAY CLAIM DAMAGES
FOR TEMPORARY 'TAKING" BY REGULATION
In F/~t English Evangelical ~ Church of
Glendale v. County ol Los Angeles, California, the Court
ruled, 6 to 3, that when an invalid land use regulation
denies all use of property, the landowner may claim
compensation for a "taking" for the period that the
regulation remains in effect before it is invalidated. The
decision has given rise to much speculation concerning
its potential effect on health and safety regulations,
zoning laws, and other regulations restricting land use.
In this case, the Church's property, called Luther-
glen, had been used as a campsite. After a destructive
flood, the county adopted a temporary ordinance
prohibiting construction within an "interim flood protec-
tion area" that included Lutherglen. The Church,
claiming that the ordinance denied it all use of the
property, sought compensation. The claim was dis-
missed because of a California rule that a property
owner may seek declaratory or injunctive relief against a
land use regulation, but not damages for a regulatory
"taking.' The Supreme Court reversed.
Chief Justice Rehnquist's opinion for the Court
carefully defined the issue. He made it plain that the
Court was not deciding whether the ordinance actually
denied the Church all use of its property. Nor did 'the
Court determine whether there had been "a compens-
able taking," or rather a valid exercise of "the State's
authority to enact safety regulations.' The Court
simply ruled that, "in the event of a taking, the
compensation remedy is required by the Constitution";
that a land use regulation that "goes too far" may result
in a compensable taking; and that California could not,
consistent with the Fifth Amendment, disallow
'damages that occurred prior to the ultimate invalidation
'of the challenged regulation."
The opinion confirmed previous rulings (which had
been cited in the Legal Center's amicus brief} that, when
· *a regulation is held to be invalid, "the government may
elect to abandon, its intrusion or discontinue regula-
tions"; and that, if it does so, there is no permanent
"taking." The Court ruled, however,-by analogy to
cases allowing compensation for the federal govern-
ment's temporary appropriation of private property
during World War II- that the Fifth Amendment requires
compensation for "temporary" takings which "deny a
landowner all use of his property."
The Court noted that it did not "deal with the quite
different questions that would arise in the case of normal
delays in obtaining building permits, changes in zoning
ordinances, variances, and the like." However, on the
assumption that the ordinance has denied the Church
"all use of its property for a considerable period of
years,' its invalidation "without payment of fair value
for the use of the property during this period of time
would be a constitutionally insufficient remedy.'
Justice Stevens, joined by Justices Blackmun and
'O'Connor in a stinging dissent, termed the Court's
decision a "loose cannon," which would ignite "a
litigation explosion" with "a significant adverse impact
on the land-use regulatory process." The dissent
thought that "the type of regulatory program at issue
here cannot constitute a taking.' The County's ordi-
nance, enacted in the interest of public health and
safety, was entitled to a 'presumption of validity,"
particularly because the complaint did not even allege
that it was invalid.
The dissent also thought that "the fact that a
regulation would constitute a taking if allowed to remain
in effect permanently" is not "dispositive of the question
whether the effect that the regulation has already had on
the property is so severe that a taking occurred during
the period before ~he regulation was invalidated."
Unlike a physical occupation, "a regulatory program that
adversely affects property values does not constitute a
taking unless it destroys a major portion of the property's
value." The dissenters also criticized the Court's
"artificial distinction" between "normal delays in obtain-
ing building permits, changes in zoning ordinances,
variances and the like" and "the delays involved in
obtaining a court declaration that the regulation consti-
tutes a taking." The dissenters thought that the Due
Process Clause, rather than the Takings Clause, "is the
primary constraint on the use of unfair and dilatory
procedures in the land-use area."
COURT RF ORT
ST^TE ,oc^ EGAi CE"TE I
COURT REPORT is published by the State and Local Legal
Center. which was established to improve the quality of repre-
sentation of state and local governments before the United
States Supreme Cou~ The center is an arm of the Academy
for State and Local Government, a tax-exempt nonprofit public
research and educational training foundation, sponsored by
the'Council of State Governments, International City Manage-
ment Association, National Association of Counties, National
Conference of State Legislatures, National Governors' Associa-
tion, National League of Cities, and U.S. Conference of Mayors.
State ami Local legal Cente~
444 Norl~ Capitol Street, N.W., Suite 349
Washington, DC 2(X)01
(202) 638-1445
Beale Bloch, Editor
Beftna Ruth 5olomoet, Chief Counsel
Enid Beaumont, Director
Academy for State and Local Government
~) 1987 State end Local Legal Center. all rights reserved.
Published monthly; subscriptions $95.00 a year.
J
MUNICIPALITIES IN THE
JNITED STATES SUPREME COURT
June 9, 1987 - Special issue containing entire text of the Court's landmark 'takings' opinion.
(For an
NOTE: W~ it is feuible. · syll~bus ¢l~ndnote) will be ~le~ed. a~ is
~b~ do~ in eonn~-tion ruth this en~,..~ t~e tm~e t~e .opimon in issued.
T~ ~y~abus eomtitut~ no ~ of the opinion of t~e Court out ~ Mn p~
~ by ~ b~ ~ ~h~M f~ ~ ~ve~ of t~ ~er. ~
U~ ~ v. ~ Lum~ Co., ~ U. S. ~1. ~.
SUPREME COURT OF THE UNITED STATES
Syllabus
FIRST ENGLISH EVANGELICAL LUTHERAN
CHURCH OF GLENDALE v. COUNTY OF
LOS ANGELES, CALIFORNIA
APPEAL FROM THE COURT OF APPEAL OF CALIFORNIA,
SECOND APPEIJ-&TE DISTRICT
No. 85-1199. Argued January 14, 1987--Derided June 9, 1987
In 1957, appellant church purchased land on which it operated a camp-
ground, known as 'Lutherglen," az a retreat center and a recreational
area for lumclieapped children. The brad is located in a canyon along the
b~mks of a creek that is the natural drainage channel for a watershed
area.. In 1978, a flood destroyed Lutherglen's buildings. In response
to the flood, appellee Lo~ Angeles County, in 1979, adopted an interim
ordinance prohibiting the construction or reconstruction of any building
or structure in an interim flood protection area that included the land on
which Lutherglen had stood. Shortly after the ordinance was adopted,
appellant fled suit fna California trial court, alleging, inter alia, that the
ordinance denied appellant nil use of Lutherglen, and seeking to recover
clama~s in inverse condemnation for such loss of use. The trial court
granted a motion to strike the allegation, basing its ruling on Ag/ns v.
Tiburtm, 24 Cal. 3cl 266, 598 P. 2d 25 (aff'd on other grounds. 447 U. $.
255), in which the CalLfornh Supreme Court held that a landowner may
not maintain an inverse condemnation suit based upon a "regulatory"
taking, and that compensation is not required until the challenged regu-
¼fion or ordinance has been held excessive in an action for declaratory
relief or a writ of mandamus and the government has nevertheless de-
tided to continue the regulation in effect. Because appellant alleged a
regulatory taking and sought only damages, the trial court deemed the
allegation that the ordinance denied all use of Luthergien to be irrele-
rant. The California Court of Appeal affirmed.
Held:
L The claim that the Ag/ns case improperly held that the Just Com-
pensation Clause of the Fifth Amendment does not require compensation
announcement concerning the dissent, refer to the last: page of this issue.}
NATIONAL INSTITUTE OF/~UNICIPAL I.AW OFFICERS
1000 CONNECTICCIT AVENCIE. N.W.
SUITE 800
WASHINGTON, D.C. 20036
(202) 466-5424
Charles S. Rhyne, Editor-in-Chief
Jan MaJewski, Editor
Rachel Sobln Ollman, Assistant Editor
FIRST LUTHERAN CHURCH v. LOS ANGELES COUNTY
Syllabus
as a remedy for 'temporary" regulatory takings--those regulatory
takings which are ultimately invalidated by the courts--is properly pre-
sented in this case. In earlier cases, this Court was unable to reach the
question because either the regulations considered to be in issue by the
state courts did not effect a taking, or the factual disputes yet to be
resolved by state authorities might still lead to the conclusion that no
taking had occurred. Here, the California Court of Appeal assumed
that the complaint sought damages for the uncompensated "taking" of all
use of LutherElen by the ordinance, and relied on the California Supreme
Court's Ag/~,s decision for the conclusion that the remedy for the taking
was limited to nonmonetary relief, thus isolating the remedial question
for this Court's consideration. M~cDon~ld, $ommer & Fmtes v. Yolo
County, 477 U.S. ,; Williamson County Regional Planning
Comm'n v. Hamilton Bank, 473 U. S. 172; San Diego Gas & Elects,lc
Co. v. San Diego, 450 U. S. 621; and Agina, all distinguished. Pp. 5-8.
2. Under the Just Compensation Clause, where the government has
~mken" property by a land-use regulation, the landowner may recover
damages for the time before it is finally determined that the regulation
constitutes a ~king" of his property. The Clause ia designed not to
limit the governmental interference with property rights per se, but
rather to secure compensation in the event of otherwise proper interfer-
ence amounting to a taking. A landowner is entitled to bring an action
in inverse condemnation aa a result of the self-executing character of the
constitutional provision with respect to compensation. While the typi-
cai taking occurs when the government acts to condemn property in the
exercise of its power of eminent domain, the doctrine of inverse con-
detonation is predicated on the proposition that a taking may occur with-
out such formal proceedings. "Temporary" regulatory takings which,
az here, deny a landowner all use of his property, are not different in
'k/nd from permanent takings for which the Constitution clearly requires
compensation. Once a court determines that a takiffg has occurred, the
government retains the whole range-of options already available--:.
amendment of the regulation, withdrawal of the invalidated regulation,
or exercise of eminent domain. But where the government's activities
have already worked a taking of all use of property, no subsequent action
by the government can relieve it of the duty to provide compensation for
the period during which the taking was efl'ective. Invalidation of the
ordinance without payment of fair value for the use of the property
during such period would be a constitutionally insufficient remedy.
Pp. 9-16.
Reversed and remanded.
the Urban Land Institute
SPECIAL .REPORT
June ~0, 1987
TA~I~GS UPDATe--HIGH ~OURT BACKS PROPERTY
L~s% week the U.S. SupTeme CouT% did some~hin~ it hasn't done fo= 8§
yeats. I% ~uled %h~ ~ ~owernmen% regulation ~moun~ed %0 & "%~kin~" undeT
~he Fifth &nd Fourteenth Amendments. In & five-to-fonT vote, %he
oveT%uTned %he Californl~ Coastal Commission's condition Tequirin~ o~ne~s
of & be~chfTon% lo% %0 dedicate ~u e=semcn~ pmovi~in~ fo= public ~oeess
~O=OSS %hei~ prope=%y lu exchange for pc=mission %0 oonve~% ~ di!=pida~ed
bunfalo~ into & two-story home.
The ¢~se of ~ v. ~ ~ ~--decided ~us% before
~he Court ~d~ourned--follows ho% on %he heels of another ma~o= decision
bols%eTin~ %he rights of l&ndo~ners. On june 9, %he 0our= held fo= ~he
firs~ time ~hm% property owners must be compensated when m government
regulation "goes %oo fmr" ~n~ overly restricts mn owner°~ use, even if the
deprivm%ion is only tempor=ry. Before %his decision in ~ ~lish
~ Lutheran ~hureh of Glend5!e v. LO~ AD~91P~ County, ~he rule in
mos% s%&%es'was %h~% inv~!id~ion of %he re~u!a~ion w&s %he only remedy ..
=v~ilable to m l~ndowner who h~d established m "regul=%ory taking." A
governmen~ ~gency could either revise or rescind the regulm%ion without
payin~ compensation for ~he period it was in effect.
Land use ~%o~neys oh~r~c%eTize these two decisions as oomp~nion pieces:
~ describes %he parameters of an impe~missib!e re~ul&%ory %akin~ and
Firs~ ~ deline~es ~he remedy. Washing%on D.C. a~torney Rober~
Linowes cmumions %hat these oases are no~ "revolutionary." Neither'are %hey
"0ocmsion for developers to be euphoric nor for government officials %0 be
crying that %he sky is falling." According tp Linowes, these decisions
merely refte¢% the Court's overarchin~ policy and evolving philosophy
concerning %he constitutional rlgh~s of landowners ~nd ~he Court's a~empt
to swin~ ~he proper~y rights pendulum %o m more conservative bem~.
However, Gus Baum~n, litigation counsel for %he National Assooimtion of
Home Builders, %old The W_~ ~ilS/~: "The psyoholo~icml impmc~ of
two decisions is considerable .... The court is s~yin~ ~o localities that
you've ~o% to'regulate fairly. If you ~re ~oin~ to be harsh, you risk
runnin~ mfoul of the takings olsuse. And if you run afoul of %hmt, you
~ill pmy for i%."
No~ed l&nd use attorneys Donald Conners &nd D~niel Mandelker observe
thmt Justice Antonin $o~li&, who wrote the majority opinion in Nollan,
suggests %he need for more rigorous scrutiny of the connection between the
public purpose and %he means used for advanoin~ ~hat foal. So~lia writes
%hm% "abridgment of proper~y rights throufh the police power" is only
permitted ms a "~~ ~dvanc[in~] of a lefi%im=te S%m~e in%crest."
This t~o-part tes~ of constitutionality requires ~ha~ the st&%e mus~ £irs~
prove %ha% the re~ulation ~dvances 5 legitimate public interest and second
%h~% the requisite "nexus" between the two is "substantial."
In the ~oll~ c~se, %he California Coastal Commission soufh% %o ¢&rry
OUt its mandate %o preserve "public access ~o the oo~s~ for recreational
purposes." The Commission &r~ued %h=~ the deed restriction, which ~ave the
public l~ter~l zccess &cross the beach. ~dvanced ~he public interests of
proteotin~ "the public's ability ~o see the beach, mssis%in~ the public in
overcoming the 'psychological bmrrier' to using the beach ore.ted by a,
developed shore front, and preven%in~ congestion on the public be&ches."
The Court found the mr~umen% implausible and suggested tha~ & height limit,
~idth res%tic, ion, b~n on fences, or even z viewin~ spot on ~he property
for passersby would h=ve been m more direct me~ns for ensurin~ visual
~ccess. "Whatever may be the outer limits of 'legitimate state interests'
in the t~kings ~nd l~nd use con%ex%," writes Justice Soalia, "~his is
one of %hem. In short, unless %he permit condition serves ~he same
governmental purpose as the development ban, %he building restriction is
no% a valid regulation of land use but 'an out-and-ou~ plan of
Al%hough courts traditionally accord deference ~o the exper~ findings of
state and local ~genoies, %ha% "constitutional propriety disappears,"
writes Scalia, when "%he prohibition [ms here] utterly fails ~o further
end'advanced ms Zhe justification for ~he prohibition." Norman Marcus,
former general counsel ~o New York City's Planning Depmr%men~, remarks ~h5t
%he Court's unusually close &%%en%ion %o the de%ailed conditions attached
to a Duilding permit application makes this decision an "inordina~ely
nit,y-gritty one" Dy Supreme Cour~ s~andards.
The ~ decision marks the first time the Supreme Court used the
nexus test to decide a takings case, although state courts have routinely
required municipalities to show a connection Detween specific burdens
created Dy development and mandatory dedications of parks and schools ,
traffic impact fees. or low-income hOuSing exactions. The question is: How
close need the fit be?
The nexus link articulated by the Supreme Court appears to De more
stringent than that used Dy some state courts, where the condition attached
to the Building permit need only De rationally or reasonably connected to
the Durden imposed Dy development.The dissenting Justioes--Blaokmun.
Brennan, Marshall. and Stevens--criticize the "eye for an eye" approach of
the majority position with its insistence on a "precise quid pro _cmo o£
burdens and Benefits." Because the majority does not define the precise
elements of the substantial nexus test. local government officials have
inadequate guidelines and. as Justice Stevens observes. "must pay the price
for the necessarily vague standards in this area of the law."
Most land use experts agree that clarification will only be reached
through litigation, although it need not be interminable, says Linowes.
The ~ypes of government regulations that will most likely be scrutinized
more closely as a result of the ~ decision will be those mandatory
off-site dedications and exactions such as programs for low-income housing.
child care, or mass transit, where the link between the imposed condition
and.the construction may be tenuous, particularly when the requested
zoning is a matter of right. Fred Bosselman, a well-known Chicago
attorney, notes that negotiated conditions attached to~rezonings on a case-
by-case basis might he particularly suspect, as those ordinances typically
would not include the requisite legislative i~tent outlining the public
interest.
On the other hand. Bosselman points out that the Nollan decision will
spur local officials to evaluate methodically their policies, announce them
in advance, and spell out clearly the nature of the demanded contributions.
thereDy providing developers wi~h a modicum of certainty and a set of
ground rules.
This report was prepared by Terry Lassar and Douglas Porter of the ULI
research and education staff. For copies of the Supreme Court's decision,
contact the Public Information Office, Supreme Court, One First Street,
N.E., Washington. D.C. 20543 (202-479-3211). ULI will continue to cover
developments on these and other court cases in future issues of Urban Land:
for more information from ULI. please contact Maura Hughes. 202-289-~305:or
Terry Lassar, 202-289-5551.
SPECIAL REPORT
the Urban Land ~n$~Hu~e
1090 Vermon! Avenue. N.W.
Washing'ton, D.C. 20005
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War~hing~on. D.C.
Permit No. 8017
FIRST CLASS
it the 3ury'a inabiltt7 to
raaeh a verdict that he
laid, "X discharge this
O~e ~uror,
"Why not?~ asked the ~udga.
· Because 7ou didn't hire me.
That ~an did,e he responded,
pointing tO the deflnle
attorney.
MUNICIPAL Lied USE DECI$IOB$
The review of municipal land
use decisions baa been In
state of uncertainty since
. rttv of Coon Ra~lds,
court in Bonn establisnec · ce
move typ~-~view procedure for
municipal land use decisions.
The reason given by the court
for requiring ~his type
revie~- ts that aovernmental
bodies do not u~ually keep an
a~equatm record of land use
proceedings to insure a proper
review by thm courts. ~r~or
1979 the judicial review
land usa decisions were treated
the ~cope of the distrte~
decimion vas tn a quasi- '
JudiCial or ' legislative
t~e the district court would
apply a limited scope of revle~
and if it was quash-Judicial
the' dis(rte( court would apply
a clearly erroneous standard.
overruled prior case haw to
extent tt ~eclared or ~mplted
that the scope of review for
land use dec~sion~ was the ~ame
as ~ny other civil matter. The
court replaced t~la standard
wXtb tbs standard of review
used for &dmints~rative agency
decisions, ~tating, "We · · ·
expressly a~opt a rule which
have heretofore tacitly
accepted, ~ba~ It l~ o~
function to ~ake an independent
ex~lnat~on of an adm~n~tra-
~t-- .~.ncv,~ r~cord and
conclusions a~ to the propriety
o~ that de~e~s~m~tion v~hout
according ~ny special deference
to the s~me rev~e~ conducted by
the ~rial court.
~.V.2d~O8, 82~ (Minn. 19~T).
The cour~ ~op~ed
administrative agency
of revie~ for municipal land
[~t the di~tr~ct court's
revte~ woul~ ~e o~ :be recor~
body, tbs same as for a
goveromental agency'~ Bon~,
The court ~n ~ however,
~ooked at th~s s~dar~ and the
~lfferences between administra-
tive a~ency hearinss and
municipal hearings and found
that municipalities do not
usually create an adequate
record since ' the decision
making body often eco~duct~ its
heari'ngs In an informal
fashion, with no accurate
verbatim record kept and wlLh
relatively fe~ remarks
"' minutes to suffice as
findings of fact and
conclusions.· 313 X.V.ld at
~15. Consequently, the court
established the following
rocsdurs for review of
and use decisions·
~) Type of Review ~eview of
· decision on ravening may be
obtained by · declaratory
Judgment action or injunctive
relief may ·leo be requested.
Certiorari Xs not appropriate.
2) Trial In a declaratory
judgm~actlon, the parties
are entitled to a trial. '
i)Standard Whether there was
~ basis for the
governmental body'· legislative
declllon?
~) mccord The record of the
procee~ should include
evidence pre·coted to the 'city
eounnil and a su~ar.v of
statementS' Of · interested
persons at the he·ring should
be made at the time of the
. hearing by the city council and
kept tn the official file. The
governmental body need not
~ecesssrlly prepare formal
findings of fact, but it must,
st a minimum, have the reasons
for its decision recorded or
reduced to eriting and In more
than Just · conclusory fashion.
5) Evidence New or additional
evidence may be received at the
trial, but it must be relevant
to the issues that were raised
and considered before the
governmental body. Witnesses
may ' testify and be
oross-examed, but their
testimony ~ust be relevant to
the issues that were raised and
considered by the governmeotal
Body.
The court's(ate6 that the above
procedure should be followed
whenever a court (including the
land use decision, whether
legislative or quasi-Judicial.
It left open, however, the
possibility that the prior
standard of review will t
epplied in certain eituatior
without defining vhf
situations will be reviews.
under such a stacdard.
The Current Standard
rbe current standard of review
used by Minnesota Courts In
reviewing municipal laud use
regulations ia · reasonable
basis test. The determination
of what is reasonable depends
upon the subject matter being
reviewed and the capacity in
which the ~over~entsl body
making the dicta{on. A
governmental body acta either
In & legislative or quasi-
Judicial capacity which under
~dmlniatrative law differen-
tiates between questions of
fact and questions of law.
A decision making body la
deciding · question of fact
whenever it B·kes · policy or
legislative type decision. "The
general rule In Minnesota
that where · municipality acts
in its fact-finding or
legisl·tive pclicymaktng
capacity under its delegated
power· the ·cops of review ia
very narrow, subject only to
the broad limits of tbs
standard · ." Amc°n
Corporation V. 'Cl[y Of
~B N.W.Yd bb at 72
~). To determine what
reason·bls for decisions
related to questions 'of fact
the courts looks to eec If
there ia any rational basle
related to promoting the public
health, safety, morale, or
general welfare, or that the
decision ·mounts to · taking
without compensation.
X.¥.2d at 72. To facilitate
the Judicial review of
legislative land use decisions
a governmental body should
st·ts Its decision in writing
in more than oonclusomy
fashion, though it does not
have to make formal findings of
fact. The reviewing court will
assess the legal sufficiency of
the reasons given by the
governmental body in its
.decision and determine whether
they have any factual basle.
The party challenging the
decision of the gove~cing body
bas ~he'~urden ~f ~ho~lu~' thmt
the stated reasons are. either
without factual support in the
record or ·re legally
Insufficient. It is not
required that all the reasons
stated by the governmental body
be legally sufficient or
factually supported since the
courts have found that ~0~
sufficient to affirm the
decision. See also, Bonn v.
City of Coo~apids, ~
~09 (Minn. 19B1)~ Odell v.
City of Eaten, ]#5 M.W.~d
~Mlnn. App[~9S~){ Prior Eake
As~rexates, Inc. v~ City
~avaze, BAS M.W.ld 575
City of Blaine, ~ I.e.ZC
A decision Bakin~ body
~eci~lna a question of law
applte~ an existing ordinance
to tbs facts Mefcre ~t.
~nterpret~ng the
or~ln~nce a court will
generally (1) strive to
otrue .a tera..accorgln~ to
p~ain an6 ordinary .meaning,
construe strictly against
city and in favor of the
~erty owne~, and
91ge~ tbs ordlnance'a
erly~ng policy. The
~ew~ng court will ex,mine
record o~ the governmental
y and take' additional
d~nol ~O de,ermine tf the
and whether tbs reasons have a
factual bssis. The burden for
the prop. arty owner to overturn
a adverse land uae decision
depends upon ~he ,abject-matter
Of his original petition. The
higBest burden la on variance
decialOnl and the lowest is on
conditional and special use
decisions. See, Amcon
Corporation v. CiT,-of
Amoco Oil Co. v. City of
Hlnneapolie, 395 N.~.ld 115
Barnum v. County of ~arAton,
Inc. v. City of Alton,
~.W,ld ?5? (~lnn. 1~52)1 u~
v. City of Burn,wills
M.W.ld 60~ (~tnn.
Prior Lake i~regsteeI Inc.
v. CLt~ of Savage,
M.W.2d 575 ~lnn. App.
and TP~ Ins. v. Cit~ of
~o~e, 3~ M.W.2d" 390
~ 3986)j
~urrent A~pllcstion of Standard
to ipeclfAe 4and Use Decisions
1. Freundahuh v. Cit~ of
Blaine, 385 I.¥.2d 6 (~lnn.
The plaintiff purchased a tract
of land in Blaine when it was
%Shed Far· Beaidence (F2-1) he
wanted to hive it rezofled to
Single Family (~-1) so that he
could subdivide his property
into $~ lots. The Planning
Co~lealon recommended denial
of the application.. The city
council agreed and issued
extensive findings to explain
its decision. The plaintiff
challenges the city's action
inconsistent with the city's
onmprehensivs plan.
The court stated that the city'
council's decision w·~ a
l~g~-lative tc~ since' tt
involved, the determination' of
whether a toning classification
should be changed. The court
stated that the council's
decision will be upheld even if
it iS debatable, es long
there ia a rational basis for
the decision. The city's
extensive findings and reasoned
analysis waa sufficient to
support its decision by a
rational'basil.
a. . Orl~inal Zontnx
Classification. The burden
~n the plaintiff to show that
there was some mistake In the
'or~gi~sl zoning or that the
character of the neighborhood
has changed tO such an extent
that no reasonable use can be
made of the property lm its
current zoning classification.
The plaintiff f~lled to present
any evidence indicating ·
mistake or change in character,
therefore, the ~ourt ffound the
city's findings sufficient.
b. 'Comprehensive Plan. A
euniclpality may not adopt any
official control or fiscal
device that conflicts with its
comprehensive ~lan . &nd m
refusal to zone in accordance
with the comprehensive plan is
evidence that the city
acting in an arbitrary manner.
The court rejected the
plsintl£f'a contention slate
the city's had extensive
thrust of the city's
oompYeheflsive plan vas not the
landitory extension Of
developed are&s~ but rather
progru of staged growth.
~. ~arson vt ~ount% or
,e.hin, ton, ,.,.,,
~inn. App.
Tho plaintiff purchased
property Xn Grant Township,
Washington County which
classified lA agricultural by
the township and residential by
the county. The townships
no·prehension plan indicated
the plaintiff's property
intended for future commercial
development. The plaintiff
applied to hays his property
retched to commercial. The
township granted the request
but the county denied the
reaching except for a strip of
the property abutting Sigh, ay
When a gn~ernmental body adopts
or amends · zoning ordinance it
acts within its legislative
capacity, which sill be upheld
if supported by a rational
basis. This standard of.review
reflects a policy that the
governmental body ia in the
best position to assess what
zoning classification beat
serves the public welfare. To
facilitate meaningful review,
the govern·ental body should
state its decision in writing
in more than oonclusory
fashion, though tt does not
have to make formal findings of
fact. The court will then
assess the legal sufficiency of
the 'reasons given and determine
whether they have any factual
basis. When action for review
is heard the nhallenger bears
the burden of showing that the
stated reasons are either
without factual support in the
record or are legally
insufficient. The court found
three out of the fo~ stated
re. sons : to · be · 'legs!lT.
sufficient and that.fore'upheld
the county board's decision to
deny the
a. Taking arEu~ent, To have
compensable motion for an
unconstitutional taking the
plaintiff must sho~ that the
regulation of land use deprives
the property of all reasonable
use and that the governmental
action had no legitl~ate com-
prehensive planning objective.
Special Uae
1. Frank's Nursery Sales v.
The plaintiff brought- this
action to compel the o~ty to
issue a building permit for the
construction of · lawn mad
garden center in an area zoned
21mired business. The
plaintiff bought the property
under the lmpre~alon that the
city would allow it to build a
store on the property that
would sell crafts as .well as
lawn amd garden supplies. The
city interpreted lea ordinance
strictly to allow only 2awn and
garden businesses as permitted
uses tn limited business areas.
The city argued that the court
should defer to the city's
interpretation of its
ordinances aa required under
Arcadia Development Core. v.
involving Judr·ent end
discretion ehould not
substitute its own iud%meat for
that of the body ·eking such
decision. Tbs court rejected
thin argu·ent and adopted the
following rules of construction
which COUrtS should uae
deter·lning if a govern·snail
body has interpreted the
applicable law correctly! (1)
Strive to construe a term
according to its plain and
ordinary meaning, (2) Construe
the ordlnanne strictly against
the city and iD favor of the
roperty owner, and (3)
smoldered the ordinances
underlying policy. The court
found that the meaning of "lawn
and garden" included · store
like Frank's iuraery and
Crafts, therefore, it ordered
loaeville to Issue all
necessary building permits.
2. Hubbard Broadcasting. inc.
v. City of Arton, 323 N.W.2d
757 {~lnn. 1982).
The plaintiff sought to acquire
property in ' After lot'*the
nonstruction of · satellite
eommun~cation and receiving
tower, equipment building and
antennae. The plaintiff
entered into a option agree,eat
with the owners of property in
the City of Alton for ~7 sores
surrounding a BAs,eli's Hound.
?be purchase was conditioned
upon the granting of · special
uae permit by the City of
gfton. The city denied the
plaintiff's request. The
plaintiff brought an action for
declaratory Judgment seeking a
trial de-nero.
review ha,ed solely on the
record. The trial court
ordered that additional matters
or records could be added to
make the record complete and an
aggrieved party could make
motion to supple.eat the
record. Neither party
submitted further evidence.
The district court limited the
scope of roy/e, to the record
and ordered briefs to be filed
noncernlng the sufficiency of
the evidence for the denial of
the application.. The district
court found for the city.
The court found that thc very
complete record developed
before the no.la.ion and
council, ms well as the
ldietrint court's order allowing
the record to be Supplemented
~y further evidence, per~ltted
the parties to present their
respective positions fully to
the ~tatrict court. "~here
c/tM eSuncila and ~oning boards
do not . . make records of
their prods;dings as ec~.p~ete
and as formal as those or a
state administrative adency or
co~lselon, the proper
procedure for revle~ before the
dan:race court provides that
nee or a~dittonal evidence
be received at the trial. Bonn
V. Cit~ Ct Coon Rapld9,~
~981)" 323 N.~.Yd :at -761
footnote 3. The coup: then
looked at the record' to
determine Iff the reasons for
denying the application were
legally sufficient. The court
found four out of the five
rea,cna g~ven to be legally
sufficient.
Clt~ et ~svsle,~k9 l.~.2d ~7'~
~Xnn. App~
operation that mine~ lind
Ir&Ye1. It Il ~o~lted In In
tree soned rural within the
city limits of Savage. It
operatinJ ·s ·
use ·lice it· operations
predate the StrAfe zoning
ordinance. The plaintiff
Joined with another commercial
operation which manufactured
· sphAlt. The plaintiff applied
along with Its nonconfo~ing
u~e. The city dented the
request for the following
~ooss (~) the proposal does
--,nforB with the land use
of · rural area and (2) the
propmsll was not similar in
1. Lu[er City of
Burn·wilde.
(AXnn. 1~0).
The plaintiff petitioned the
city council for a variance lc
he could construct a home on a
piece of property he owned.
The council dr·hied the
Variance conditioned on the
plaintiff receiving [ette~l of
consent From all abutting lind
owners. ~be plaintiff brought
an action for mandamus to
compel the city to issue the
variance without the
restrictions.
An applicant for a variance
carries a heavy burden to show
that it· grant l· appropriate,
since a variance is · request
to use a parcel in a manner
~ve~son vt ~It! of
The propert! owner submitted an
subdivide in iliet~ng platted,
lingle-fa~lly residential lot
into two lots. After holding a
the city denied the property
CWnlrl application stating
leverll reasons for the denial
of the application. The trial
court granted summary Judgment
for the city after deterainimg
the city's decision had
onal basis.
Theproperty owner argued that
the grafltq0g of summary
Judgment was improper '·ince
under Bonn he was mntitlad to
prasent~ditional evidence at
trial. The procedure outllne~
nature to the permitted uses of forbidden by ordinance. The
court will review the decision
· rural area. The reasons were of the city council in a narrow
primarily conclusory and
followed the llnguige of ~he Banner, hut will still strictly
construe the ordinance in favor
ordinance, of the property owner. The
delegation of the authority to
The determination to issue a grant a variance to the
special uae permit is
question of law ·lace it plalotiff'a abutting property
requires the governing body to owners wa· found contrary to
In Bonn ia required to b~
follow--~'~ when reviewing any
zoning Batter, whether
legislative or quasi-Judicial
and clearly Bust be followed in
this case. This right to a
full trial cam be limited by
the parties ~f they agree or
acquiesce to a review of e
clear and complete record, end
apply the standards laid out in
its sorting ordinance to
'determine whether a special use
permit should be issued.
Therefore, the court In
reviewing the city's decision
must determine whether the
interpretation of the ordinance
ia correct. The court in
using the rules of construction
found that the refusal to les~e
the special use pe~lt
properly based upon the meaning
and policy of Savage's sorting
ordinance.
~. Day v. Yrl~ht Count~,
i.V.Yd 32 (Minn. App. l~b).
The plaintiff brought an action
for · writ of mandamus to
compel the county to issue
building permit· for him to
build & single family
residence. The lot owned hy
the plaintiff did not meet
certain setback and sewer'
r·quirement·,
If · party leektflg · permit
meets all the standards
prescribed in the ordinance,
the council has os discretion
to deny the permit and the
refusal to grant the permit
will he sees &s arbitrary as a
matter of law. This requires
the governing body to clearly
express any restriction of land
use in its ordinances to ensure
its effectiveness.
a. Mandamus. Mandamus will
issue only when the petitioner
has oho~n the existence of a
legal right to the eot demanded
'which is ·o clear ·nd complete
as not to admit any reasonable
controversy. Therefore, manda-
mus will lie only to compel
performance of · duty which the
law clearly and positively
requires. At I minimum city
councils and toning boards must
have reasons for their decision
the city council'· authority, where the parties are alloyed
Therefore, the court issued · -l;o-augment that record with any
writ of mandamus compelling the new and additional evidence
city to grant the variance.
Subdivision and Plat
~. Odell v. Clt~ of £eEan,
I.W.Yd 792 (Minn. App.
The plaintiff brought %his
~ctlon for declarstory Judgment
when the city refused to grant
hi· request for · waiver of m
plat and a preliminary plat.
The plaintiff bought the'
~roperty in question with the
intention of subdividing it
into tvs lots. The lots met
all the conditions required in
the ordinance, except that a
garage on one of the lots did
not neet the setback
requirement. Thio garage was a
nonconformiog ~se since it was
built prior to the adoption of
the Esgan aching ordinance.
The city council refused to
-approve the plat based upon
relevant to the issues
considered below. The court
found that the trial court
erred in granting summary
Judgment based solely on tbs
record before it.
Conditional Oas
1. TP~ Inc. v. City of
~,--355 ~.V.2d 390 (Minn.
fpp.
The property owner was ·
corporation which intended to
open · fast-food restaurant in
an area toned Auto-Oriented
Business District. A feat-food
restaurant to a conditional use
in Mew Bope'S toning ordinance.
The city council denied the
co,diagonal use permit
reasoning that the property
too small to adequately support
the proposed use indic·ted in
no shoving of hardship by the its site plan. '
plaintiff, (2) plat would
change t~--'nhWF~£te~---~'--t~e-- 'The determination of whether
neighborhood, and (3) the the zoning authorlty's action
neighbors objected to the
subdivision of the property
claiming their was
restrictive covenant in the
deed· requiring lots of no less
than 5 scream.
The court will determine 'if the
city council's decision wes
reasonable as measured hy
standards in ~he local
ordinance. If the city council
provides a written dete~lna-
(ion &tying ~he Pca~.s for the
decision, the court will
examine the record, which
includes evidence submitted at
trial, to nee if the reasons
are legally sufficient ·nd have
a factual basis. A decision
will be arbitrary ms a matter
of law when a subdivision
was reasonable requires the
court to assess the legall
· ufficiency of the reasons
given hy the governing body ann
whether there is a fectual
basis for them. Mot all of the
~e·sons given by the city
council' for denial of the
conditional use permit have to
be legally sufficient. Tbs
court found two of the four
reasons to be legally
· ufficient, therefore, tbs
decision of the city council
was upheld. A ~eniel will be
arbitrary as a metier of law if
· 11 Of the ordinences etanderds
for conditional use permits
have been met.
I3~orbel v. City or Eam Lske,
~.~.'2d'$ (Minn. App. ~6'~
recorded or reduced to writing
and in nero than Just
cpnclu·ory f&shioo.
ordinance specifies standsrds
· to which a proposed plat must
conform and the city council
denies spprovel of a plat which
complies in all respects with
the ·ubdiviolon ordinance. The
city based its decision on tbs
stated purpose of the
· ubdiviolon which the court
said cannot be used as an
The plaintiff applied for a
conditional use permit to
establish a group home for
troubled adolescents. The
p~aq,xlng commission advised Lhe
city council to grant the
permlt~ ' however, the city
council denied the'platntiff*a
request.
.?
The ·curt ~ound that the city
failed to IpPI7 the standards
outlined in its ordinance when
it denied the plaintiff's
application for a conditional
ule permit. Com~unity fear
not a legally sufficient rea·on
for denial.
a. Certiorari. A writ of
certiorari la proper for
Judicial review of denial of
conditional use pernit, where
the city council's findings
were insufficient. See also,
White Bear Rod and 0un Club v
3. City of Barnum v. ¢oun~ of
Carlton. ]9# #,~.Yd 2~b
In 19B~ the City of
applied for · conditional use
permit rot the construction of
a atabllzstlon pond wastewater
treatment facility. The county
board denied the pernlt because
it appeared that the project
would substantially diminish
and impair property values with
the l~medlate vicinity of the
ponds. The trial court upheld
the county board's decision.
The county argued that when a
district court revle~ing a
municipal zoning decision
conducts a trial and hears
additional evidence beyond that
which was before the: ~ounty
board, the district
findAng~ of fact should not be
se~ aside unless clearly
erroneous. The court rejected
thin type of de ~ovo review by
~uoting ~eserve ~Inin~,
H.W.Yd 808 -(~lnn. 1977). ewe
have consistently viewed with
afavor statutes which specify
;rials de nord and which
attempt to confer original
Jurisdiction .on trial courts
over policy matters which are
the responsibility of the
legislative and executive
branchs. We have repeatedl~
called attention to the danger
· of eroding barriers ~hich
guarantee the separation of
powers.' 255 E.W.Yd at
The court did give the district
court'· decision some weight
to the extent it is a Judgment
of the credibility of
elects·es, houever, beyond that
the revleelng court mill make
its own lndependect review of
the decision.
n. Court ~ssuinZ a permit. If
a dell'sion making body does not
state the reasons for its
decision, ltl decision will be
prl~ f·cia arbitrary and it
will bear the burden of
persuading the reviewing court
that -. the .... facts ..... tnd-
circum~tances gave rile to
~ega]ly sufficient reasons for
deolnl. However,
no record ~o review the court
should remain the case hack to
,he decision ~aklflg body to
~ke further findl~gs.
need to remand the i~sue must
be weighed against the risk
the decision a&king'body will
merely ratlonalixe their for~er
~lelon. The court in this
case found that remanding the
· ~ I case to the county board would
· 1 not further the decision, since
l any that the county
findings
;board m~kes on rem~nd ~ould not
be supported by the record.
City of Eden Prairie v. Llepke.
Faote~ Defendant presented
plan to ~be city for
the expansion of n gar·ge on
his property. Defendant
claimed that the city knee or
should have known that the
garage was intended aa an
expanded storage area to be
uaed by defendant in his
construction &nd contracting
business, The city eventually
approved the various plans and
specifications for the building
but on later flndimg that the
building Yea to be used &aa
~o~ercial storage garage the
ol%y co, ended prosecution
~agalnst defendant for violation
of the city's sorting ordinance.
Defendant claimed that the City
wa~ estopped from enforcing its
zoning ordinance alleging that
city officials had lnplledly
authorized the use by failing
to object to the structure
during either the planning or
construction. The trial court
found that the city was not
estopped. Defendant appealed
to the Court of Appeals.
Issue! Assuming the facts as
presented by defendant are true
can a city be estopped from
enforcing its xoning ordinance
aa a result of acts or
omissions on the part of
lea zoning officials?
Dlscusslon~ The briefs of the
City and the amicus League of
~innesota Cities argue that the
estoppel can not be used
against a city to keep it
enforcing its zoning ordinance.
Semi ~_Jj~es v. Clt~ of St.
Paul, 2~0 ' ~lnn. 5~,
~.~.Yd ~63 (1953); W.H. Barber
Co. v. City of Minneapolis!
227 ~lnn. 77, ~A N.W.2d ?~0
(~9~5)~ Alexander v. City of
Owetcnna 222 Nlnn. 312,
reasons that · zoning ordinance
and its consequent benefits
Inure to the b~nefit of
citizens. Consequently, a
city'· Inability to enforce the
zoning ordinance would impede a
substantial public concern of
the municipality. The briefs
distinguish Hesaba Aviation
v. County of Its·ca,
d'577 (~lnn. 1~77) and
cites Frank's ~urser. y Sales,
IInc. v.' City of ~osevlll!~
the court stated; "The law in
~lnnesota is clear that
administration of zoning
ordinances is a goYernmental
not a proprietary function and
~he municipality cannot be
estopped from correctly
enforcing the ordinance even if
the property owner relied to
his detriment on prior city
action?
The Judge spoke to a
prOspective · Juror during a
lurder trial.
· ~·ve you formed, an opinion
regarding the guilt or
Innocence of the
UNo, Tour Honor," ~ald the
prospective Juror.
· Do you have any conscientious
objection against the death
penalty if the accused Is found
guilty?,
'~ot in thte case, Your
replied the
MOUND ADVISORY PLANNING COMMISSION MEETING
JULY 13, 1987
Present were: Chairman Tom Reese, Commissioners Vern Anderson, William Meyer, Geoff
Michael, Ken Smith, Brad Sohns, William Thal, and Frank Weiland; Council Representative
Elizabeth Jena.n, City Manager Ed Shukle, City Planner Mark Ko.gl.r, Building Official
Jan Bertrand. City Engineer John Cameron, and Secretary Holly McLaughlin.
Also present were the following interested persons: Gerald Berent, Gene Berent, J Ned
Dow, ~ixie Dow, Leon Hell.r, Harley Jordan, Jerry Kohls, Paul Larson, Brian Johnson
Paul ~nd~-Pat Meise].
The meeting was called to order at 7:30 p.m.
Chairman Reese added a 17% "grade" to the June 8, 1987 minutes on page 3. He also
questioned the process of making corrections stating not having the entire context
could have.bearing on future decisions. Smith motioned and Meyers seconded. The
vote was unanimous .to approve.
The minutes of June 22%;: 1987 correct the recognition of Steve as the Mayor and
added the phrase "availability of land tQ park R.V.'s". Weiland motioned and
Sohns seconde~ the vote was unanimous to approve.
BOARD OF APPEALS
1. Case No. 87-651 Side yard setback variance for 4695 Hampton Road. Lot 2,
Block 21, Shadywood Point, PID 13-117-24 11 0070, Gerald Berent was present.
A.variance request for J3.3 feet sideyard setback to the west property line.
Berents stated to go outward to the lake is objected by neighbors. He needs to
build up for the addition of two bedrooms and a full bath for his wife and two t
children. Jensen proposed to treat this as practical difficulty and Sohns agreed.
Motion by Smith to approve a 3.~ foot variance including a 12'bverhang'., seconded
by Weiland. The vote was unanimously in favor. Goes before the council July 28.
Case No. 87-652 Minor subdivision for 4695 Hampton Road, Lots #13 and 14, part
of lots 28, 29, 30, and'31, Block 9, Pembroke, PID 19-117-23 33 008010087, Leon
Heller was present.
A subdivision request for a portion' of the rear Lot 13 from Paisley Road to correct
a driveway encroachment on the adjoining property.
Anderson motioned and Weiland seconded approval of the subdivision. The vote
was unanimously in favor. .
Case No. 87-653 Lot size variance for 4994 Manchester Road Lot 12, Block 33,
Wychwood, PID 24-117-24 42 0005, J. Ned and Dixie Dow were present.
A variance of 6.5 feet with conforming setbacks is requested by Dow. Dow states
that his home is too small to add a second floor, the first floor would be ruined.
Smith states that this is "back to the commons problem again." The council is
not in favor of expanding on 4700 foot lots, it's a case of practical difficulty.
With the commons~and two roads on either side there is breath|n§ room. Wei]and
favors the comment that he can't consider it as his property for !enlargement--
it is part of the commons.
Planning'Commi, ssionMinutes
July 13, 1987 - Page 2
Motion by Anderson to approve the variance, seconded by Michael. The vote
was unanimous.
Goes before the council July 27, 1987.
e
Case No. 87-654Public Hearing for conditional use permit for an oversized
accessory building with living space.
No discussion.
5. PUBLIC HEARING ON APPLICATION TO REVISE CONDITIONAL USE PERMIT TO ALLOW "ON
SITE OPEN STORAGE."
Balboa. Construction '~ompany, 5340 Shoreline Boulevard Metes and Bounds descript-
ion, Blocks 5~6, Sylvan Heights.Addn., etc. PID No. 13-117-24 34 0076. There
were no representatives of Balboa.
Mark Koegler reViewed his letter of July 1, 1987 discugsing background and his
recommendations.' Chairman Reese questioned the use of thirty days to have
trailers parked on the property. We|land3 was concerned that Balboa m~ht move
one (trailer) out and replace it with anther immediately, thus constituting
permanent parking.
Planning Commission Chairman opened discussion to the audience and asked
for Comments:
Jerry Kohls, 5424 Lynwood Road requested to have a stipulation to clean up their
existing mess before they cause more of a mess.
Sohn questioned about acceptable landscaping.
Harley Jordan, 2193 Cedar Lane, agrees with the necessity to clean up the area
and allow the parking of trailers.
The public hearing was closed; comments by the commission.
Weiland questioned how to control the number of days to allow parked trailers to
remain on the property.
Smith suggested that it really doesn't matter how many days a trailer is there,
because 'they only have "x" number of slots to park trucks in to begin with.
.Meyer agrees. ,
~eiland motioned the approval of on site open storage and Meyer seconded.
Unanimous approval. Moves on to council.
Case No. 87-656 fourteen foot front yard variance for 2193 Cedar Lane Lot 18
and part of 19, Block 2 Abraham Lincoln Addn to Lakeside Park, PID 13-117-24 32 0015.
A front yard variance of 14 feet is being requested by the applicant to construct
an attached 24x24 foot garage. Resolution 87-136 approved the same request, but
it has expired. I
Planning Commission M~nutes
July 13, 1987 - Page 3
Reese questioned the necessity of having a 24 foot garage, instead of a 22 foot
variance. Jordan stated he needs the'additional room to do car repairs, on h|s own
veh|cle.
Motion by Anderson to approve the variance, seconded by Smith. The approval
was unanimous.
P_IIBLIC HEARING ON APPLICATION TO ALLOW RETAIL MAIL ORDER .IN THE CENTRAL BUSINESS
1YISTRICT BY CONDITIONAL USE PERMIT.
A. Paul MeiSel, 2339 Commerce Boulevard Lots 2 & 3 and Subd. 167 & part of Lots
13,14,15, & 16 lying west of east 70 ft, Kennedys Subd of Lot 56, Lynwood Park,
PID 14-117-24 44 0002.
Mark Koegler reviewed his letter of July 1, 1987 discussing background and his
recommendations.
Planning commission chairman opened discussion to the audience:
Meisel presented'sketches stating it will make ~he downtownlook better. Meisel
will be purchasing both the land and the building. They will continue membership
in the downtown parking association. Reese questioned the issue of dock deliv-
eries. Meisel stated they will be having one to two deliveries peT.day w~th semi
trucks. Meisel also stated that Phase III of their plans will .~!~e_the.al_ley~
off to 12 feet.
Harold Meeker, 5132 Waterbury Rd.,'stated t~t the Meisels give the best shot to
the City of Mound for "Mound C~ty Days"
Public hearing was closed; Koegler stated there should be two separate motions.
Thai motioned approval of the required ordinance modification allowing mail order
uses as conditional uses in the B-1 zone and Anderson seconded. The approval
was unanimous.
Weiland motioned approval of the conditional use permit contingent upon the
three conditions stated in Koeglers recommendation and Anderson seconded.
The approval was unanimous. Public hearing before the council on August 11.
Case No. 87-658 for minor subdivision for 5325 Waterbury Road Lot 54 Whipple
Shores, PID 25-117-24 21 0154~0153. Mr. Lepisto was not present.
Bertrand discussed applicants request to subdivide two sroperties into 8925 &
8175 sq. ft. They recommend the deflection line be moved, the legal descriptions
be approved by Cameron, City Engineer, and that the Public Hearing by waived.
Comm. discussed that this would be creating two undersize~ lots of which only
one is currently undersized. There is a question as to the legal size of the
lot. Comm.._ has decided to table the subdivision until they receive more in-
formation and verification of the lot size.
Jensen motioned the table and Weiland seconded.
It was carried unanimously.
Planning 'Commi ssion Minutes
July 13, 1987 - Page 4
Case No. 87-659 Minor subdivision for 49xx Glen Elyn Road Lots 17, 18, 19,
Block 24 Shadywood Point, PID 13-117-24 11 0094/0095. Paul W. Larson was
present. (Larson is a realtor representing the seller.)
Applicant is requesting subdivision to remove an encroachment of the building
located on lot 17 to allow conforming sideyard setback to the structur~ and
waiver of the Public Hearing provision of the subdivision ordinance.
The previous owner of lot 17 built over the property line. A survey didn't show
the property line when it was purchased. Meyer proposed to make parcel A a
conforming area by increasing the parcel to at least 10,000 sq. st. At
this time parcel B is not closed, it is delayed pending approval of this sub"
division. Reese suggested tabling, Larson stated "no". Brian Johnson .~
inquired as to the~-leg~lit¥ of 9000 sq. ft. for parcel A, Reese stated the
need to recognize a maximum 10% variance mandated, Brian willtry .... to get over
9000 sq. ft.. Brian suggestedapproval contingent upon the change by the time
it will go 'to council. Thai'suggested it be tabled until.the 2?th and then
to turn it around to the council.
Weiland motioned to table until the 27th and turn it around to the Council
Sohns seconded. Approval was unanimous.
Warner koad is on agenda for next time with full report to the Planning Commission.
DISCUSSION
Harold Me~ker is interested in building a hotel on 40 acres and wished to
deed back the unused land. He is asking for opinions from the Commission for
the Lost Lake Request for Proposal.
Reese questioned the benefits of buying 40 acres and selling back 38 acres.
Jensen asked if he was asking to see if it was protected.
Smith questioned if any of it was sellable or marsh. He also asked about
potential problems with the DN-R. The city now owns the property.
2. Public Works Facility.
Ed Shukle and John Cameron made a presentation of their plan for a downscaled
version of the public works facility to be located at Belmont and Lynwood.
.There was much discussion by the council questioning a~ternative sites, other
methods of storage for stock pile, screening., & future plans.
Anderson protested stating this was the las~ of the retail sights and that many
people will fight over that location of the proposal. Sohns agreed.
Thal stated that Mound has plenty of retail and Meyer agreed.
Jensen stated that the City Council is behind this plan.
Planning Com~ssionMinutes
July 13, 1987 - Page
Sohns suggested moving the location up east on Lynwood where the land is cheaper.
Shukle will look into moving the facility to this location for next time.
3. Signs.
Meyer questioned why signs can*.t be addressed on a case by case basis rather
than changing the law.
Meyer motioned and Sohns seconded a Case by case decision will be made.
No ord|nance change to the s|gn provis|ons is recommended by the. P]snn|ng Comm|ss|on.
Jensen and Thal opposed, Michael abstained, and six were in favor.
e
Tabled exterior storage for next meeting, except for making the correction of
inserting the sentence "Temporary storage is controlled by the restrictions found
herein." at 23.702 item (1) after the last word in the paragraph (ordinances).
Also brief discussion as to the inclusion of a grandfather clause.
Housing Maintenance Code.
Question of whether it is internal, external, or both. Other questions that
surfaced included how to deal with internal, the prospect of running into
health aspects, what city/state laws may apply.
It will need an ordinance to take care of the issue. It should be applied to
both owner occupied and renters..The inspection could take place atthe sale
of the property.
Sohn suggested that we are starting at the wrong end. We need to talk to people,
seek alternatives, and see what expenses are involved. Committee agreed to
gather information to enable committee to approach public for input.
6. Does committee wish to continue advertising meeting dates? Yes, unanimously.
7. Interview dates for position on commission--August 24, 1987 was decided upon.
ADJOURNMENT
Weiland motioned and Meyer seconded to adjourn the meeting at 11:20 p.m. Ail
were in'favor so the meeting was adjourned.
Attest:
Chairman Thomas Reese
75YEARS
CITY OF MOUND
5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155
July 20, 1987.
Mr. Jerome D. Ross
President
Dakota Rail
Little Crow Division
Washington Avenue & Adams Street
Hutchinson, MN 55350
Dear Jerry:
Edward J. Shukle, Jr.
City Manager
You'were in my office some time ago and we discussed briefly the tree
and other debris that has been left along the railroad tracks going
through the City of Mound. I have a number of calls and complaints
regarding this debris and I would appreciate it if you would get it
cleaned up as soon as possible. The area that is specifically bad
is near the intersection of County Road 15 and Northern Road at the
crossing. Please work on getting this cleaned up. Thank you.
ES:ls
mm
. Dalcot t
"Route of the Charging BuflMo"
LITTLE CROW DIVISION:
Washington Ave. & Adams St., Hutchinson, MN 55350, Phone (612) 587-4018
WESTERN DIVISION:
Rt. 3, Box 2D, Milbank, SD 57252, Phone (605) 432-9218
July 21, 1987
Mr. Edward J. Shukle, Jr.
City. Manager
City of Mound
5341Maywood Road
Mound, Minnesota 55364
Dear Mr. Shulke,
RegarUing clean-up of Railroad in area of Northern Road. We intend to
get to this as soon as possible.
One must be aware and notice that we have done considerable work on the
Line from Wayzata to Hutchinson, many areas are the same as your inquiry.
We are working and improving as .rapidly as we can. I assure you that our
mess is not intentional but necessary, as the Line was in such neglect for
the past years.
We will be replaCing old ties, rocking and installing some heavier rail
from Commerce Street to Wayzata in August and at the same time cleaning
ditches, etc.
We also wi1! be requiring al! residents to vacate our properties where they
have encroached with firewood, sma!! buildings, etc.
We always appreciate any suggestions on constructive criticism you may have.
Feel free to contact us at anytime.
Si erely,
JDR/rlr
CC:
Jan Bertram
Duffy
Geno
Lisa Anderson