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1987-04-28 CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M., TUESDAY, APRIL 28, 1987 COUNCIL CHAMBERS 1. Pledge of Allegiance Approve the Minutes of the April 14, 1987 Regular Meeting. Pg. 1079-1088 ]PUBLIC HEARING.; Delinquent Utility Bills Pg. 1089 PUBLIC HEARING; Consider Proposed Watermain Extension in Vacated Laurel Street Pg. 1090-1101 PUBLIC HEARING - CASE ~87-623: Consider the Issuance of a Conditional Use Permit for the Operation of a Fast Food, Convenience, Drive-In Restaurant (Class II) Located 2330 Wilshire Blvd., Domino's Pizza Pg. 1102-1108 Comments & Suggestions from Citizens Present. Set Date for Public Hearing for Public Input on 1988 Budget (SUGGESTED DATE: MAY 12, 1987) CASE ~87-620: CASE ~87-621: Approval of Resolution Authorizing a Conditional Use Permit, Lot Size Variance and Setback Variances for Grimm's Store located at 3069 Brighton Blvd., PID ~24-117-24 43 0017 _Msrk_Je.nks~ 4932 Bedford Road, L~ots 16 & 17, Block 38, Wychwood, PID #24-117-24 41 0157 Pg. 1109 Request: Rear Yard Setback Variance Pg. 1110-1116 10. CASE ~87-625; James & Josephine Sharp, 4925 Glen Elyn Road, Lot 22, Block 24, Shadywood Point, PID #13-117-24 11 0097 Request: Lot Area Variance Pg. 1117-1123 11. CASE ~87-626; J. Thomas Lepisto, 5325 Waterbury Rd. We~t 02 of LOt 54, Whipple Shores, PID #25-117-24 21 0154 Request: Rear Yard Variance Pg. 1124-1133 Page 1076 12. .CAS£ ~87-627; Mik~ & Judy Ga_rdn~j~, 1599 Bluebird Lane, Lo[--18-& 19,-Bl~ek 6, Woodland Point, Request: Variances 13. CASE ~87-628; Neil & Linda Schoenhofen~ 6116 Bartlett ~lvd.', Metes & Bobnds Description, PID #23-117-24 31 0002 Request: Minor Subdivision 14. CASE ~87-629: 15. 16. 17. 19. 20. Pg. 1134-1141 21. Pg. 1142-1150 22. 23. 24. Dayton &Margaret Williamson, 2012 Villa Lane, Lo'ts 1 & z,'"'~lock 5, Abraham Lincoln Addition to Lakeside Park, PID #13-117-24 31 0023 Request: Front Yard Setback Variance Extension of R~solution #85-59 Pg. 1151-1159 Pg. 1160-1162 Resolution Authorizing Application for Conveyance from the State of Certain Tax Forfeit Lands Pg. 1163-1164 Resolution Releasing Certain Tax Forfeit Lands to Hennepin County for Public Auction and Certifying the Special Assessments Pg. 1165-1168 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 Pg. 1169-1176 An Ordinance Adding Section 206 to the City Code Providing for the Defense and Indemnification of Officers and Employees of the City Pg. 1177-1178 Presentation of Financial Audit for Year Ended December 31, 1986 - Gary Groen, Abdo, Abdo & Eick John Norman, Finance Director Recommendations from the Planning Commission RE: Lost Lake Pg. 1179-1181 New Licenses & License Renewals Pg. 1182-1183 Payment of Bills Pg. 1184-1195 INFORMATION/MISCELLANEOUS: Ae March 1987, Financial Report as Prepared by John Norman, Finance Director Pg. 1196-1198 Page 1077 Be Ce De Fe Ge Preliminary Program for the Annual League of Minnesota Cities Conference to be held June 9-12 in Rochester. (This is the week of our 75th Anniversary/Mound City Days Celebration.) If you are interested in attending, please let me know as soon as possible. Proposed rate change being filed on interexchange services in Minnesota by AT&T Communications of the Midwest, Inc. The filing represents a restruC- turing of the long distance service schedule price increases in Channel Services and an overall reduction in WATS prices. Planning Commission Minutes of April 13, 1987 City Attorney's previous correspondence setting forth the difference between motions, resolutions and ordinances. I think this information will be useful. Letter from Joyce Clark, Bartlett Blvd. resident, re: Bass Fishing Contest at Mound Bay Park REMINDER: Work Session, Saturday, April 25th, 8:30 A.M., City Council Chambers Copy of LMC ACTION ALERT, re: Three Percent Levy Limit and LGA Cuts. I have already informed Senator Gen Olson and Representative John Burger of our opposition to any reduction or elimination of LGA. This alert from the League is a new "twist" and I will be contacting Olson and Burger again. This would be devastating for all cities. Pg. 1199-1206 Pg. 1207-1221 Pg. 1222-1228 Pg. 1229-1233 Pg. 1234 Pg. 1235 Page 1078 Ap!il 14, 19B7 MINUTES - MOUND CITY COUNCIL - REGULAR MEETING APRIL 14, 1987 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 14, 1987, at 7:30 P.M. in the Council Chambers at 5341Maywood Road, in said City. Those present were: Mayor Steve Smith, Councllmembers Don Abel, Liz Jensen, Phyllis Jessen and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jan Bertrand, City Engineer John Cameron, City Planner Mark Koegler and the following interested citizens: Devlin Gleason, Jim Wilson, Nancy Clough, Frank Nissen, Jules Illies, Ann Eberhart, Bob Brown. The Mayor opened the meeting and welcomed the people in attendance. The 'Pledge of Allegiance was recited. MOTION made by Able, seconded by Jensen to approve the Minutes of the March 24, 1987, Regular Meeting, as submitted. The vOte Was unanimously in favor. Motion carried. PUBLIC HEARING: ,CASE 187-620: CONDITIONAL USE PERMIT, LOT SIZE & SETBACK VARIANCES, FOR GROCERY STORE (G~IMM'$ STORE), AT 3069,BRIGHTON BLVD., DEVLIN GLEASON The City Planner reviewed his written report and recommendations on Pages 907 and 908 of the Council Packet. The Mayor opened the public hearing. The Mayor closed the public hearing. There were no comments. Johnson moved and Abel seconded the following resolution: RESOLUTION ~87-65 RESOLUTION TO APPROVE LOT SIZE AND SETBACK VARIANCES AND ISSUANCE OF A CONDITIONAL USE PERMIT FOR A GROCERY 'STORE (GRIMM'S STORE) AT S069 BRIGHTON BLVD., DEYLIN GLEASON, P & Z CASE ~87-620 There was discussion on perpetuating a nonconforming use. The vote was unanimously in favor. Motion carried. RESET PUBLIC HEARING DATE MOTION made by Jessen, seconded by Abel to reset a public hearing to consider amending the Zoning Map to change the zoning of a portion of property along Northern Road from B-2, April lq, 1987 General Business to R-2, Single Family Residential for Hay 12, 1987, at 7:30 P.M. The vote was unanimously in favor. Motion carried. PROCI-AM~TION FOR ANNUAL SALE OF BUDDY POPPIES BY THE VFW Johnson moved and Smith seconded the following resolution: RESOLUTION ~87-66 RESOLUTION PROCLAIHING THE ANNUAL SALE OF BUDDY POPPIES BY THE VFW The vote was unanimously in favor. Motion carried. ~MENDMENT TO RESOLUTION 87-59, VFW POST 5113, P & Z CASE #86-558 The City Engineer explained the proposed amendments to the resolution of approval. The Council discussed a schedule for the completion of the parking lot. The City Attorney suggested that a completion schedule and completion date of July 1, 1988, be added to the proposed resolution. Also that the Letter of Credit be extended to July 1, 1988. Mr. Jules lilies was present and stated that the entire parking lot except parking spaces 1-10 would be curbed, guttered and blacktopped. They would like to let spaces 1-10. settle because of poor soil before completing that area. The Council agreed. Abel moved and Johnson seconded the following resolution: RESOLUTION ~87-67 RESOLUTION AHENDING RESOLUTION ~87-59, HOUND V.F.I/. POST 5113, COHHERCE BLVD. The vote was unanimously in favor. Motion carried. STREET LIGHT REQUEST - OAKLAWN LANE The City Manager presented the petition and explained the kequest. The Staff recommended approval. Johnson moved and Jessen seconded the following resolution: RESOLUTION t87-68 RESOLUTION APPROVING THE INSTALLATION OF A STREET LIGHT IN THE 2900 BLOCK OF OAKLAWN LANE BETWEEN IDLEWOOD ROAD AND COUNTY ROAD 110 The vote was unanimously in favor. Motion carried. ~TREET LIGHT REQUEST - THREE POINTS BLVD. & DOVE LANE The City Manager presented the petition and explained the request. The Staff recommended approval. /0 o 51 April 14, 1987 Abel moved and Jensen seconded the following resolution: RESOLUTION {87-69 RESOLUTION APPROVING THE INSTALLATION OF A STREET LIGHT AT THE CORNER OF THREE POINTS BLVD. AND DOVE LANE, 511§ THREE ?OINT~ BLVD. The vote was unanimously in favor. Motion carried. gOMMENTS & SUGGESTIONS FROM CITIZENS PRESENT Ann Eberhart, 1708 Dove Lane, thanked the Council for their quick action on the authorization for the installation of a street light. LABOR AGREEMENT, LOCAL ~320, PUBLIC WORKS The City Manager explained that he has negotiated a tentative agreement with Local 320, Public Works Employees. He then explained the changes as outlined on page 934. He further explained that the amount is within the 1987 Budget as adopted. Johnson moved and Jessen seconded the following resolution: RESOLUTION {87-70 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO A LABOR AGREEMENT WITH THE MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL 320, PUBLIC WORKS EMPLOYEES CONTRACT The vote was unanimously in favor. Motion carried. BID AWARD: 1987 SEAL COAT PROGRAM The City Engineer explained that the three bids received were as follows: Aliied Blacktop $33,240.00 Bituminous Roadways $41,800.00 Buffalo Bituminous $36,900.00 He is recommending Aliied Blacktop. Abel moved and Johnson seconded the foIlowing resolution: RESOLUTION RESOLUTION AWARDING THE BID FOR THE 1987 SEAL COAT PROGRAM TO ALLIED BLACKTOP IN THE AMOUNT OF $33,2~0.00 The vote was unanimously in favor. Motion carried. Ap. ril 14, 1987 Abel moved and Jensen seconded the-following resolution: RESOLUTION #87-6~ RESOLUTION APPROVING THE INSTALLATIQN OF A STREET LIGHT AT THE CORNER OF THR~E~ POINTS BLVD. AND DOVE LANE, 5118 THR~E POINTS BLVD. ~ The vote was ~animously in favor. Motion carrie~. lnn ~berh~rg, 17 ye Lane, ~hanked ~he COuncil for ~helr qu~ek action on the authorization for the installation of a street light, ~ ~ LABOR AGREEMENT, LOCAL~'3~O.,.,,~UB~IC 'O~$ The Cit~ ~ana~er expla~d that he'has negotiated a tentative a~reement with Looal3~0, Publi~' Works EmPloyees. He then explained the chan~es a~ outlined on pa~e 93~. He ~urther explained tha~ the amount i~ with~,n the 1987 Budget as adopted. Johnson moved and Jessen seconded ~he followin~ resolution: RESOLUTION ~8Y-YO RESOLUT~N TO AUTHORIZE THE MA~OR AND CIT~ MANAGER ~0 ENTER INTO A LABOR AGREEMENT ~ITH ~HE ~INNE$OTA TEAMSTERS PUBLIC AND LAW ~NFORCEMENT EMPLOYEES UNION, LOCAL ~207 PUBLIC~RKS EMPLOYEES CONTRACT The vote was unanimousl~ X~ favor. M~tion oarried. BID ANARD: 1987 SEAL C~T PROGRAM The Ctg~ ~ngtneer exp~tned ~h~ ghe g b~d~ received ~ere a~ Allied Blacktop/ $33,2~0.00 ~ Bituminous Roa~ays $~1,800.00 ~ ~ Buffalo Bitum~ous $36,900.00 ~ He ls recommendi~ Allied Blacktop. / Abel moved and ~hnson seconded the following resolution: RESOLUTION ~87-71 RESOLUTION AWARDING THE BID FOR THE 1987 SEAL COAT PROGRAM TO ALLIED BLACKTOP IN THE AMOUNT OF $33,240.00 The vote .was unanimously in favor. Motion carried. 52 ~OUEST TO USE t~UNCHING FACILITIES AT MOUND BAY PARK - MINNESOTA OPEN BASS CLASSICS The City Manager explained the request. There was discussion on the early morning noise of racfng boats, the parking of trailers on side streets, litter left behind, granting permission for the July dates requested contingent on how the June 7th tournament is handled. MOTION by Smith, seconded by Johnson to approve the three dates (June 7, July 18 and 19, 1987), asking that the City Manager write a letter welcoming the tournament but expressing the concerns addressed above. The vote was unanimously in favor. Motion carried. DISCUSSION: EXTERIOR STORAGE The City Manager explained that at the last work session he was asked to put this back on the Agenda. He included in the packet the descriptions of the slides shown at the work session, three years of complaints, the old ordinance, the new ordinance, and the Planner's report on what other cities, have for recreational storage ordinances. The Mayor stated he was glad this was back on the Agenda and unless he hears from the public otherwise, he would like to see a lot 6f the language relating to storage of recreational vehicles deleted from the current ordinance. The City Attorney stated that because this would be an amendment to the Zoning Ordinance it has to go to the Planning Commission to solicit their advice and recommendations. MOTION made by Smith, Seconded by Abel to send Ordinance 1488 back to the Planning Commission to hold public hearings on it and then return it to the City Council. Discussion: Councllm~mber Johnson suggested giving the Planning Commission some direction· He feels the ordinance is too restrictive in that a 55 foot boat is legal on the lake, but it is illegal to store it in your yard. He would also like to know what is "storage"? Is "storage" when you store a boat over winter and launch it next Spring or is storage when a boat sits there for years? He asked'for a definition of "storage" for recreational vehicles. (He cited a person with a recreation vehicle who travels every other weekend. Is the vehicle "stored" on the weekends he is not traveling or is it "parked" on those weekends?) The Council agreed that there should be sufficient notice given to the public of the Planning Commission hearings and the issues are and what kind of input they are looking 53 April 14, 1987 for on the subject. Couneilmember Jessen stated that she has had some complaints on exterior storage because of aesthetics and she would also like to see this faction of the public represented at these hearings. Requesting that the Planning Commission consider the items that have been discussed tonight giving this item their full attention and thought and return it to the City Council by the first meeting in August. The vote was unanimously in favor. Motion carried. HENNEPIN COUNTY ROAD 15 PROJECT The City Engineer gave the preliminary cost estimate of what Mound's participation would be in this project. He then reviewed a very preliminary cost estimate for adding new street lights to the project from Commerce Blvd. to Fairview Lane and the replacement of watermain from Fairview Lane to Fernside Lane, curb and gutter and concrete apron, storm sewer and sidewalks. There was discussion on the amount to be assessed private property for the added improvements. The City Engineer explained that a decision on the new street lights and/or watermain replacement must be made by the City soon because Hennepin County would like final plans to them by the first part of June, if we are to have this included in the County's plans for construction. The City Attorney suggested that the next step would be for the Council to order the preparation of a feasibility report. Jessen moved and Abel seconded the following resolution: RESOLUTION ~87-72 RESOLUTION ORDERING THE PREPARATION OF A REPORT ON IMPROVEMENT IN CONNECTION WITH THE COUNTY ROAD 15 IMPROVEMENT PROJECT The vote was unanimously in favor. Motion carried. GARDEN LEASES MOTION made by Smith, seconded by Johnson to authorize the Mayor and City Manager to enter into leases with Herman ..Schrupp, Ray Kramer and Leo Wallis to lease certain lots for garden plots. The vote was unanimously in favor. Motion carried. 5B for on the subject. Councilmember Jessen stated that she has had some com~faints on exterior storage because of aesthetics and she wg~ld also like to see this faction of the public represente/gat these hearings. Requesting ~hat the Planning Commission con~Lder the items that have b~en discussed tonight giving /t~his item their full attention~and thought and return it t~the City Council by the first metering in August. The vote/was unanimously in favor. Motion ~arried. The City Engineer ga the prelimina cost estimate of what Mound's participation uld be in this ect. He then reviewed a very preliminary cost Lmate for the project from C rce Blvd. replacement of watermai from Fai curb and gutter and conc ,e apro There was discussion on property for the added im~ s. ing new street lights to o Fairview Lane and the Jew Lane to Fernside Lane, storm sewer and sidewalks. t to be assessed private Jessen moved and Abel RESOLUTION ~87-72 The City Engineer explained at a decision on the new street lights and/or watermain re must be made by the City soon because Hennepin County final plans to them by the first part of June, if we are ~to have this included in the County's plans for construc' \ The City Attorney sugges d that the next step would be for the Council to order the pre ~ration of a",,feasibility report. the following resolution: \ \ RESOLUTION ORDERING THE PREPARATION OF A REPORT ON NEW STREET LIGHTS AND/OR WATERMAIN EXTENSION IMPROVEMENT IN / CONNECTION WITH ~HE COUNTY ROAD ~S / IMPROVEMENT PROJECT · The vote was una~mously in favor. Motion carried. / GARDEN LEASES / MOTION madi by Smith, seconded by Johnson to authorize the Mayor and City Manager to enter into leases with Herman Schrupp, Ray Kramer and Leo Wallis to lease certain lots for garden plots. The vote was unanimously in favor. Motion carried. April 14, 1987 AUTHORIZE SELLING CITY PROPERTY The City Clerk explained that a property owner has requested that the City sell him part of the Southwest 1/2 of Lot 16, Block 14, Arden, which will be combine with adjacent property to make the resident's property more conforming. The recommended selling price is $400.00. Johnson moved and Abel seconded the following resolution: RESOLUTION #87-73 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A OUIT CLAIM DEED TO SELL THE PART OF LOT 16. BLOCK 1~. ARDEN The vo~e was unanimously in favor. Motion carried. The City Clerk explained that selling.Lots in Block 11 and part of Lots in Block 10, Whipple will enable the owner of Blocks 15 and 16, Whipple to have access on an improved right-of-way, thus allowing him to develop those blocks. The recommended selling price is $2,482.72. The remaining special assessments will be assessed over the nine remaining years of the assessment at 8~ interest on the unpaid balance, per year. Abel moved and Jessen seconded the following resolution: RESOLUTION ~87-74 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY HANAGER TO EXECUTE OUIT CLAIM DEED SELLING CITY PROPERTY~ PID t25-117-24 12 0225 The vote was unanimously in favor. Motion carried. The City Clerk explained that an adjoining property owner is interested in purchasing Lot 2, Block 13, Avalon. The City only needs an utility easement on this property and it could be reconveyed back to the State for sale to adjoining property owners only. That is the recommendation. · Jessen moved and Jansen seconded the following resolution: RESOLUTION ~87-75 RESOLUTION RECONVEYING (IF NECESSARY) CERTAIN TAX FORFEIT LANDS BACK TO THE STATE AND REOUESTING THE COUNTY BOARD TO. IMPOSE'CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS The vote was unanimously in favor. Motion carried. CITY ATTORNEY & PROSECUTING ATTORNEY ANNUAL REPORTS The written reports were presented in the Council packet. 55 April 14, 1987 GAMBLING LICENSE. - VFW POST. #~113 The City Clerk explained that this license is issued by the State and if there are no objections to the State issuing this license, no action is necessary. No action was taken. NO SMOKING POLICY MOTION made by Jensen, seconded by Abel to designate "No Smoking" in the City Council Chambers during public meeting~ except at the back conference table. The vote was unanimously in favor. Motion carried. DEFENSE & INDEMNITY OF CITY, COUNCIL MEMBERS, EMPLOYEES, APPOINTED, OFFICIALS The City Attornep explained the ordinance that he had written to cover another municipality to relieve a major concern of many commissioners (Park, Planning, etc.) and elected or appointed officials that the City will defend, save harmless and indemnify these people against any tort, claims, demand, whether groundless or otherwise, arising out of an alleged act of omission occurring in the performance of their duties. The Council discussed Subdivision 4, Right to Personal Counsel. The City Attorney suggested that he put the proposed ordinance in formal form for Mound's Code and bring it back to the next meeting for formal adoption. The Council agreed. CDBG FUNDING REQUEST (YEAR XII FUNDS) FROM. WEST.ONKA INTERVENTION The City Manager explained that he has received a proposal from Westonka Intervention Project and has reviewed this with Hennepin County CDBG. Larry Blackstad from Hennepin County stated that this money would come from reallocated funds of Year XII but if the City wanted to use more than $2,000 for this project, a public hearing would be required. The City Manager recommended that funding either stay at last year's level of $1,000 or be increased to $2,000. Jensen moved and Jessen seconded the following resolution: RESOLUTION ~87-76 RESOLUTION APPROVING THE ALLOCATION OF $2,000 IN CDBG FUNDS FROM YEAR XII FOR WESTONKA INTERVENTION PROJECT The vote was unanimously in favor. Motion carried. They asked that Westonka Intervention present the Council with semiannual verbal reports. 56 April 14, 1987 PAYMENT, OF B~LLS MOTION made by Johnson, seconded by Jensen to approve the payment of bills as presented on the pre-list, in the amount of $129,369.73, when funds are available. A roll call vote was unanimously in favor. Motion carried. SET. PUBLIC HEARING, DATE MOTION by Smith, seconded by Abel to set April 28, 1987, at 7:30 P.M. for a public hearing to consider the issuance of a Conditional Use Permit for the operation of a fast food, convenience, drive-in restautrant (Class II) located at 2330 Wllshire Blvd. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: March 1987, Monthly Reports as Prepared by the Department Heads. Be Minnetrista's response to City Manager's letter of March 31, 1987, regarding Proposed Lake Minnetonka Regional Park. Action Alert from the League of Minnesota Cities Regarding and Election'Bill in the Legislature, Senate File #1341, which everyone should oppose. De Another thank you letter to Ms. Grace Brunner and Ms. Eugenia Petersen for their $50.00 donation for the purchase of bullet-proof vests for the Police Dept. An invitation to the next Mound City Days Meeting to be held, Wednesday, April 22, 1987, at 7:30 P.M. Mound City Hall. F. L.M.C.D. 1986 Financial Statement. EXECUTIVe, S~S$ION The City Council went into Executive Session at 9:35 P.M. to discuss labor negotiations. They returned at 10:10 P.M. UNION CONTRACTS The City Manager explained that the other two labor contracts are ready for the Council to consider for approval· Abel moved and Johnson seconded the following resolution: RESOLUTION ~87-77 RESOLUTION TO AUTHORIZE THE MAYOR AND THE CITY MANAGER TO ENTER INTO A LABOR AGREEMENT WITH THE MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES 57 April 14, 1987 UNION, LOCAL 320 - POLICE PATROLMEN The vote was unanimously in favor. Motion carried. Jensen moved and Jessen seconded the following resolution: RESOLUTION ~87-78 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO A LABOR AGREEMENT WITH THE LAW ENFORCEMENT LABOR SERVICE, INC., LOCAL 35 - LELS POLICE SUPERVISOR/SERGEANTS The vote was unanimously in favor. Motion carried. MOTION made by Jessen, seconded by Abel to adjourn at 10:20 P.M. The vote was unanimously in favor. Motion carried, Edward J. Shukle, Jr., City Manager Fran Clark, CMC, City Clerk 55 GAMBLING LICENSE - VFW PO,ST #5113 April 1~, 1987 The City Clerk explained that this license is issued.~by the State and if there are no objections to the State issuin~'%Uis license, no action is necessary· No action was taken· NO SMOKIN~ POLICY ~ '/ MOTION made by Jen_~en, seconded by Abel to designate 'No Smokingw in the City !Council Chambers ~during public meetings except at the back conference 2~ble. The vote was unanimously in favor. :~ Motion carrie~. DEFENSE & INDEMNI~ OF CIT~ COUNCIL MEMBERS, EMPLO~,~ES, ~ APPOINTED OFFICIALS :~, The City Attorney explained~he cover another municipality~to commissioners (Park, Planning officials that the City will these people against any tort, or otherwise, arising out of a in the performance of Subdivision 4, Right to Pers, The City Attorney suggeste formal form for' Mound' meeting for formal adopt or, ~ce that he had written to ieve a major concern of many and elected or appointed nd, save harmless and indemnify aims, demand, whether'groundless alleged act of omission occurring duties. The Council discussed Counsel. that'~he put the proposed ordinance in Code a~d bring it back to the next · The"~ouncll agreed· The City Manager ex Westonka Interventi¢ County CDBG. Larr this money would the City wanted' public hearing we that funding ei increased to $2 that he ~as received a proposal from Project and has'reviewed this with Hennepin Blackstad from R~nnepin County stated that from reallocate~ funds of Year XII but if use more than $2,000 for this project, a d be required· Th~ City Manager recommended r stay at last year's level of $1,000 or be Jensen moved Jessen seconded the following resolution: RESOLUTION ~87-7,7/ RESOLUTION APPRO~NG THE ALLOCATION OF ~; $2,000 IN CDBG FU~DS FROM YEAR XII FOR ~ WESTONKA INTERVENTI~ PROJECT The vote was unanimously in favor. Motion carried. They asked that Westonka Intervention present the Council with semiannual verbal reports. 56 April lq, 1987 PAYMENT,,,.,,,0F BILLS MOTION made by Johnson, seconded by Jenson to approve the payment of bills as presented on the pre-list, in the amount of $129,369.73, when funds are available. A to, Ii, call vote was unanimously in favor. Motion carried. SET PUBLIC HEARING DATE / MOTION by Smith, seconded by Abel to set April/28, 1987, at 7:30 P.M. for a public hearin5 to consider the/issuance of a Conditional Use Permit for the operation df a fast food; convenience, drive-inF_estautrant (Class II)/located at 2330 Wilshire Blvd. The v~te was unanimously ~n flavor. Motion carried. ' \ //~ INFORMaTION/HISCELLANEOUS:~~ . // ' A. March 1987, Monthly Re~orts as Preps by the Department Heads. B. Mtnnetrista's response to~Clty Mans ~r's letter of March 1987, regarding Proposed L~e Minne Regional Park. C. Action Alert from the Lea, nnesota Cities Regarding and Election Bill in the ature, Senate File 113ql, Which everyone should oppose. Another thank you letter to Petersen for their $50.00 bullet-proof vests for the Po ;race Brunner and Ms. Eugenia ion for the purchase of Em EXECUTIVE SESSION The City Council went into discuss labor negotiations. UNION CONTRACTS An invitation to the next Mo Wednesday, April 22, 1'987, L.M.C.D. 1986 Financial St~ Cit~Days Meeting to be held, 7:30 ~,.M. Mound City Hall. Executive SeSSion at They returned a~lO:lO 9:35 P.M. to P.M. The City Manager explained that the other two l~bor contracts are ready for the Council to consider for approval.~ Abel moved and Johnson seconded the following res~ution: RESOLUTION ~87-7~ RESOLUTION TO AUTHORIZE THE ]4AYOR AND THE CITY MANAGER TO ENTER INTO A LABOR ~ AGREEMENT WITH THE MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL 320 - POLICE PATROLMEN The vote was unanimously in favor. Motion carried. Jensen moved and Jessen seconded the following resolution: RESOLUTION {87-7~ RESOLUTION TO AUTHORIZE THE MAYOR AND CITY ~ MANAGER TO ENTER INTO A LABOR AGREEMENT W~TH THE LAW ~NFORCEMENT LABOR SERVICE, ' IN~Q., LOCAL B5 - LELS POLICE SUPE~SOR/S~GEANTS . MOTION made by Jessen, seco~d by Abel to adjourn at 10:20 P.M. The vote was unanimousl~ in fays. Motion carried. _ EdWard J. Shukle, Jr., City Manager Fran ~Clark, CMC, .City Clerk BILLS APRIL lq, 1987 Batch 87q033 Batch 87qO3q Computer Run dated q/3/87 Computer Run dated q/9/87 33,715.q3 92,~8.97 Brad Landsman Reimb for hd~e-flre dept First Trust St. Paul Bank Bond fee Hartins 66 Auction proceeds Reserves I~tg costs 13.92 q38.75 172.20 30.q6 TOTAL B ILLS 12~,369.73 Delinquent Water and Sewer 4-Z2-87 33 406 2700 32 33 439 2431 61 33 463 4725 91 33 463 4840 61 33 472 4543 73 33 472 4570 02 33 484 3113 51 33 487 4873 61 33 506 3135 82 33 518 4660 92 33 518 4709 41 33 518 4725 02 33 530 3137 44 33 530 4810 51 33 551 3087 71 33 554 3033 51 33 566 2914 11 33 569 4876 41 33 572 4864 41 33 ~75 4900 91 33 581 2873 81 33 587 4951 71 33 590 5125 11 33 593 4866 53 33 599 4535 31 33 599 4580 94 33 605 3235 66 33 608 3207 91 33 620 3105 O1 33 620 4556 32 33 623 5313 22 33 641 5226 82 33 647 5217 41 $100.99 91.74 72.84 125.54 101.41 80.59 228.62 123.47 138.61 92.88 90.27 117.79 103.71 89.72 110.56 115.33 115.40 98.24 153.69 110.34 72.85 110.49 74.78 143.04 72.84 59.50 117.50 118.29 157.31 115.51 97.76 89.OO 122.29 $3612.90 75 YEARS CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155 NOTICE OF HEARING ON IMPROVEMENT TO WHOM IT HAY-CONCERN: Notice is hereby given that the City Council of the City of Hound will hold a public hearing 'in the Council Chambers'of the City Hall, 5341Maywood Road, at 7:30.P'M. on Tuesday~'April 28, 1987, t° conslder extension of a.watermain in'vacated Laurel:Street located, in Rearrangement of Block 10, Abraham Lincotn Addition to. Lakeside Park, pursuant, to Minnesota Statutes, Section q19.Oll to q2~.111. The area proposed to be assessed for such improvements is the property abutting the private driveway easement located in'vacated Laurel Street (Lots 2 through 8, Block 1 and L~ts 1 through 9, Block 2, Rearrangement of Block 10, Abraham Lincoln Addition to Lakeslde Park). The estimated cost of such improvement is $9,400.00. Such.pe~s°ns as desire to be heard with reference to the proposed improvement will be heard at this meeting. F. rancene C. Clark, CMC, City Clerk Publish'in The Laker April'13 and'April 20, i987. PID # AMOUNT PROPOSED TO BE ASSESSED: /0 'o D PRol=,o.~l= D 42' C / / / / / / I SCALE I /" = 50 FILE NO. 1~8'; Aerial P/~ofo lC>q,?-., McCOMBS-KNUTSON ASSOC., INC.. PROPOSED WATERMAIN EXTENSION VACATED LAUREL STREET MARCH,. 1987' ~~. McCombS-Knutson Associates, Inc. 12800 Industrial Park Blvd. Plymouth, MN 55441 612/559-3700 1-800-328-8,322 Ex1784 Engineers Planners Surveyors March 18, 1987 Honorable Mayor and Members of the City Council City of Mound 5~41 Maywood Road Mound, MN 55364 SUB3ECT: Proposed Watermain Extension Vacated Laurel Street M<A #8234 Dear Council Members: As requested, we are submitting a Preliminary Engineerin9 Report for the extension of a watermain in vacated Laurel Street. If you have any questions, or need any additional.information on anythin9 in this report, we will/be pleased to discuss this further with you at your convenience. Very truly yours, McCOIV~S--KNUTSON ASSOCIATES, INC. Oohn Cameron 3C:jmj Enclosure ~ENERAL The City Council, on November'25, 1986, approved a variance to establish a buildable parcel for par£ o? Lots 1, 2, 3, and ~, Blocks 1 and 2, ~earrangemen~ o? Block 10, Abraham Lincoln Addition to Lakeside Park (P.I.D. 13-117-24 ~l 0070). A copy o? the resolution is attached at the end o? this report. This approval was subject to the condition that Public Works approve the utility connections. Sanitary sewer service is no problem, because a main already exists with a service ?or the property at the south lot line. Water service is an entirely di??erent situation. The only city waterm~in available to serve this parcel is located approximately 300 feet to the south in Lynwood Boulevard. The two.existing homes located on this private driveway are presently served by individual copper lines. Public Works and ourselves are recommending that the City install a city watermain parallel to the existing sanitary sewer main to not serve, the parcel under question, but also two other builOable landlocked parcels. These parcels all gain access to Lynwood Boulevard by way of private driveway easements. WATERMAIN The proposed wate~main extension would be 4" minimum in size extended parallel to the existin9 sanitary sewer, terminating with a hydrant at the most northerly parcel. Individual services would be provided for Parcels B and D, as identified on the enclosed drawing. Parcel E would receive two services since this parcel is zoned R-~ and the Owner has expressed an interest in building a duplex or twin home. The existing house located on Parcel C should also be connected to the new main upon completion, thus eliminating a need for the existing long copper service to Lynwood Boulevard. The home on Parcel F is presently connected directly to the City Watermain in Lynwood Boulevard. The addition of a hydrant would also enable the fire department to more adequately provide fire protection for this area. Parcel A, which is also vacant, should have a water service from the main in Lynwood Boulevard, but the records do not indicate such. If no service exists, then this parcel should also be served from the new main. EASEMENTS Easements across Parcels A, B, C, and E are necessary if this project is to proceed as suggested. At the present time, the existing sanitary sewer is centered in a 15 foot wide easement, which is not of sufficient size to construct the watermain extension. COSTS The estimated cost of the proposed watermain extension as described herein is $9,400.00. This cost is based on estimated 1987 construction cost, plus for Engineering, legal, fiscal, and administrative costs. A detailed breakdown of the cost is attached to this report. We have estimated it would cost approximately $8,400.00, if the vacant parcels were served with individual 1" copper services. To keep the cost of the proposed project in line with what 4 individual services would cost, we are proposing that the City pay any expenses incurred over $8,400.00, which is approximately the cost of a hydrant. /Oq , ASSESSMENTS The total cost of the improvements (not to exceed $8,400.00) should be paid by the properties benefitting from the improvement, therefore, it is proposed that.Parceis B, D, and E be assessed this cost. It is suggested that Parceis B and D each pay 25% of the cost or approximateiy $2,i00.00 each and Parcel E pay 50% or approximately $4,200.00. If Parcei A does not have an existing water service and one is instalied under this project, then that cost shouid be charged to Parcei Ao These costs could either be assessed at compIetion of the project or deferred untii such time the parceis are buiit on and a service connection permit requested. CONCLUSIONS AND RECOMMENDATIONS: The estimated cost for this project is comparable to the combined cost of four separate services. In addition to providing one city watermain resulting in more economical maintenance and a better supply, a hydrant would be included, which benefits both the property owners and the fire department; therefore, we believe this project is feasible can best be completed as described herein. ESTIMATED COST VACATED LAUREL STREET WATERMAIN EXTENSION ITEH 4" D.I.P. Wate~main 4" Gate Valve Tap Existing Wate~main l" Water Service Groups 1" Copper Service Pipe Hydrants Restoration Gram Found. ~4ateriai Contingencies ESTIMATED QUANTITY UNIT PRICE 280 L.F. $ IO.O0/L.F. 2 EACH $~00. O0/EACH LUM: SUM 5 EACH $ 60.O0/EACH 7.5 L,F, $ 7,00/L,F, 1 EACH $~00, O0/EACH LUI~ SUM 50 TON $ 8.00/TON Totai Estimated Construction Cost Engineering, Legal, FiscaI and Administrative Cost Totai Estimated Cost TOTAL $2,800.00 $ ~oo.oo $ ~oo. oo $ ~oo.oo $ ~2s.oo $ ~oo.oo $1,000.00 $ 4oo.oo $ 67~.oo $7,500.00 $i~00.00 $~,400.00 ioqf C / / / / / / / / / --I B ~ ~I~McCOMBS-KNUTSON ASSOCIATES, INC. ' " 271 · .. November 25, 1 _ RESOLUTION NO.' 86 173 '..' RESOLUTION TO APPROVE ~ VARIANCE TO' ' ESTABLISH A. BUIL~ABLE LOT FOR PART OF , LOTS 1,2",3 ;;'q, IN BLOCKS 1.AND 2, ' . · REARRANGEHENT OF BLOCK 10; ABRAHA~ · LINCOLN AOOITION TO LAKESIDE PARK. PI0 # 13-117-2~'31 0070 ' " -. '.' P & Z CASE NO. 8~-55q · ' ! i WHEREAS!'Jea~'-Graff, o~ner of property described as a lot In Bl.o..r~...1 and 2, Rearrangement.of Block 10,.Abraham Llncoln Addltlom_ to Lakesl. ee' rsrK,. has ap~l led' for a va'rtan~e'to"'.estsbllsh a i4,000+_ square foot parcel as a b, ul!.dable, lo.t' since the parc~el currently does not front om a.publlc .right-of- way, and' · : ' " '.. " ' ' .' · ; . ' ' : - W~EREAS; the Hound City C'pde requires all to . lots contain frontage · ' ..leiERE/~S,'the Planning Commtsslon.'revle~ed..the re_quest :and re. co,~a, nded . 'granting the :' va r'I ance due to the 'fact 'that the City of I~o'und prewousW. vacated Lau~;el ~;tree.t'~hlch pro'~ld~'d acces~ to the p~rcel thereby.establishing.. hardship under."Sectlon 23.506.1 of the l~ound .Zoning :ode:. .. .'. ' NOW, THEE~F~RE, B~' IT RE$OLYEO, tls co .cl; of the Clty ~f ~k~und' l~lnne~ sota~ does 'hereby g~ant tl~i varlance 's~'bJect' to revle~ o.f 'the proposed ease ment 'by the City Attorney to'provide access-to City utll~t'les f6r: oar o£ aote 1 2, 2, z,o,ts 3 et'. · vacated Laurel Street, ane or the vacated 12-£oot .a~le~ as. platted bet~wen Lots 1, 2, 3, 4,.and 12 of said Block 1, Rearrangement of . .. ~loch 10,' ABraham Lincoln ~ddition to ~.akeside Pa~.k, desc~Abed aa 'follows; Beginning at the poizt of i~tersection of the' Eorth~e"sterly line of said Lot- 2; .'Block 2, with a li~a dra~,~ parallel ~rlth and 75 feet Nor'.h of the l~or~h line of' Lot 4 o'f sate Block 2, as measures at.. · right azglos to sgid Eor~h lin'e; thence running ~ortheasterly'along : the Nort~wbster. ly line of said .Lots 2 amd 1, B~o. ch. 2, to ~ortherly'corn~r of ~aid Lot 'll, thence rvnr. ing SoUtheasterly along the Northeasterly line of said ~.o.t 1, Elook 2, and its' ext~ion thereof to the most. Northerly corner, of 3, Lot ?Lock lI thence" .. continuing Southeasterly' along the. ~ortheasterly line of Said Lot 3, BlocE.I~ to a point ~hich, is 82.~ fe~st'Soutbe~st,~r!y fro~ the.m~st · :{orth. erX~ corner of said.. ~ot 1, Plo.k 2, -as :mas,red along th~ Eorth-. easterly lines of said Lot 1, ELock 2, ard Lot 3, Bloc~ 1; thence running Southwesterly 1~6 feet more or less to a .~oin% in a line . ' dra~m parallel with a~d 7~ feet t~ortb of +.be Eorth ~ of Lot 4, Block 2, extendod~ as measured at right an~lea t-~ said ~crth line~ ' said point, also '~eing ~ feet Fagt as measured at right angles from the East line of Laurel Street; thence running West parallel with the Eorth line of 'said Lot 4, Elock 2, to the point of begin~Lng, with a 50 foot Setback at ~est, 50 foot setback at north, 10 foot setbacks at east and south property 11nBs from the pr;~cipal structure providing t~o off street parking stalls. Public Works shall approve utility connections.. //OC · 272 November The foregoing resolution was moved 'by Councilmembe'r Smith and seconded bY Councl 1.member Paulsen. The following C6uncllme~bers voted In the affirmative:' dessen, PaulSen, Peterson,. Polston and Smith. The following Coun¢llmembers voted I~ the negative: none, Attest: I101 RESOLUTION NO. 87- RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR THE INSTALLATION OF A CLASS II RESTAURANT IN THE CENTRAL BUSINESS (B-l) DISTRICT AT 2330 WILSHIRE BOULEVARD (PID % 13 117 24 34 0072) ~AS, the City Council held a public hearing on April 28, 1987, pursuant to Section 23.505 of the Mound Code of Ordinances 'to consider the issuance of a conditional use permit for the installation of a Class II restaurant (Domino's Pizza) at 2330 Wilshire Boulevard; and WHEREAS, the proposed conditional use permit satisfies the criteria for grantir~ conditional use permits as stated in Section 23.505.1 of the Mound Code of Ordinances; .and ~EREAS, all persons wishing to be heard were heard; and $~EAS, the Planning Commission has reviewed the request and does recommend approval, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the conditional use permit is granted for the Class II restaurant subject to the following condition: · The restaurant shall secure all .appropriate licenses from the State Health Department; C ]'l'V OF HOUND Hound, Ftl nnesota CASE NO. 87-6Z~ NOTICE OF PUBLIC'HEARING TO CONSIDER'THE ISSUANCE OF A CONDITIONAL USE PERFtlT FOR THE OPERATION OF A FAST FOOD, CONVENIENCE,. DRIVE-IN RESTAURANT '(CLASS II) LOCATED AT 2330 NIL SHIRE BOULEVARD NOTICE IS HEREBY GIVEN that.on T~eadqy, Apri! 28, 1987, at 7:30 P.M. at the City Ha11; $3ql Ha3nvood .Road,.'Hound, Hinnesota,-a hearing will be held on the issuance'of a conditional, use. permit for the establishment of a Class I! .restaurant-at 2330 Nllshire Boulevard..The proposed Use ~consis~s of a Dom!no~s Pizza, Inc. restaurant offering deliverY and take-out food~. All persons.appearing'at said hearing wi'l:1 be given the opportunity to be heard. .' Francene C. Clark, Cil:f Clerk ' // 3030 Harbor Lane North, Suite 104 Minneapolis, Minnesota 55441 612/553-1950 Planning Cc~nissicn and Staff Y~rk Koegler, City Planner Aprll 8, 1987 Oa~ditiofml Use Permit - Domino's Pizza APPLZ~= Mark A. Saliterman CASE NO= 87-623 V~S P~LE ~0= 87-310-A16-ZO LOCATIOn= 2330 Wilshire Boulevard ~ ZOHIR~= Central Business (B-l) (~ P~= O°mmercial PROPOSAL= The applicant has applied for a Conditional Use Permit to install a Domino's Pizza Restaurant. Under a recent zoning ordinance change, fast food restaurants (C/ass II) are allowed in the B-1 zone by Conditional Use Permit. Domino's is proposing to locate in the Shoreline Plaza Center in the space recently vacated by the Alpha Hair Center. The restaurant will employ 3 - 12 people during normal business hours and of this total, delivery drivers will account for 2 - 7 people. Domino"s has indicated that 95% of their business is from home delivery. They are not proposing tables for in-store consumption. CO~TS= Shoreline Plaza contains adequate parking for both delivery vehicles and customer usage. The proposed use is consistent with the criteria for granting Conditional Use Permits and approval is recommended subject .to the followin~ conditions= 1. All required county permits shall be obtained from the Health Del~rtment. 2. Ail signage shall conform to the Mound Sign Ordinance. I/o.I The applicant shall identify the location for a screened trash dumpster for review and approval by the Mound Building Official. PLANNING COHHISSI~N HINUTES Aprll 13, lg87 Case No. 87-623 Public Hearing for Conditional Use Permit for the operation of a fast food,'convenience, drive-in restaurant (Class Il) at 2330 Wilshire Boulevard; Lots 7-20 &.'26-35, ·including vacated alley, parking lot. and park; Block l, Shirley Hills Unit F; PlO No. 13-117-2q 3q 0072 .. Scott A..Thomson.of Oominoms Pizza was present. Hark Koegler~, City Planner,.reviewed his.report which 'recommends granting .approval Subject to-the three conditions he'lists. · The Commission questiOned.whether overnight parking should be allowed ~inCe there was no.mention'of it-in the report. Hr. Thomson stated there would be one Company vehicle left overnight. The drivers doing delivery use their own vehicles. The Planner stated this a-rea was-more.auto oriented than downtown Commerce Square. .He also stated that parking space in this.area has not 'been a problem. Smith stated that parki. 6g lot should be lookedlat as people can't figure out hOW to park: no striping or design for parking; Koegler stated our Ordinance does not require that and perhaps, Since Domino's.are a tenant, Commission should address this to the owner of the Shopping Center. The.Chairman opened the public hearing; there was no.one present Who had comments or questions; he closed the pu511c hearing.' Heyer moved and Welland seconded a motion to recommend'to the' Council. staff recorr~endations for approvat of the conditional.use.permit for'Domino~s Pizza. The vote was unanimously in favor. The public hearing by the Cbuncll will be set.for April 28, '1987.' CITY OF HOUND  ION TO PLANNING & ZONING COHHISSION · type the following information) ' 1. Street Address of Property 2. Legal Description of Property: AdditiOn Shirly Hills Unit F 3. Owner's Name ~rk A Saliterman Case No. ~? ""1...~,,) Fee Pald ~ ~ -- O~te FI led 2330 Wilshire Blvd Lot 13-20:26-35 Uound. MN ~R6q Block 1 PID No. 13-117-24-34-~h7~ Day Phone No.. 544-9603 Address 14001Ridgdale Drive Suite 200 Minnetonka~ MN 55343 Applicant (If other than owner): Name. Domino's Pizza Inc. Add)~ 3800 WlaOth Street Suite 1250 Type of Request: Day Phone No. 896-3030 Bloomington, MN 55431 ( ) Varlance (X) Conditional Use' Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ) P.U.O. ( ) Amendment ( ) Sign Permit ( )*Other *If other, specify: Present Zoning District B-1 7.' Existing Use(s) of Property' l~aiJty Parlnr Se Has an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? j~[$ If so, list date(s) of list date(s) of application, action taken and ~rovi&e Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that a11'.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 offlclal of the City of Hound for the purpose of Inspecting, or of posting, maintaining and removing such notices as may be'requiredlby '.. " : Signature Of Applicant . Date~' Planning Commission Recommendation: Date Council Action: IIO Resolution No. Date* Procedure for Conditlonal Use Permit (2) Case # ~?-.j~ D. Location of: Signs, easements, underground utilltles, etc. E. Indlcate North compass direction. · F. Any additlonal information as may reasonably be required by the City Staff and applicable Sections of the Zoning Ordinance. III ,Request for a Condltlonal Use A. All information requested below, a site plan as described' in Part II, and a development schedule providing reasonable guarantees for the completlon of the constructlon must be provided before a hearing ~111 be scheduled. B. Type of 'development for ~vhich a Condltlonal. Use Permit Is requested: 1. Conditional Use (Specify): Pizza resturant, carry out and d~liwrv ~ only 2. 'Current Zonlng and Designation in. the' future Land Use Plan for Hound Co Development Schedule: 1. A development schedule shall be attached to this appllcatlon providing reasonable guarantees fo~ the completion of the proposed development. 2. Estimate Of cost of'the project: $. --55,000.00 O. DenSity (fOr residential developments only): J. Number of structures: 2..Dwelling Units Per Structure: a. Number of type: Efficiency. ' 2 Bedroom 3. Lot area per dwelling, unit: 4. Total lot area: IV. Effects of the Proposed Use ! Bedroom 3 Bedroom List impacts the proposed use will have on property.in the vlci~lty, cluding, but not limited to traffic, noise, light, smoke/odor, parking, and, describe the steps taken to mitigate or eliminate the impacts. RESOLUTION NO. 87- RESOLUTION AUTHORIZING A GONDITIONAL USE PERMIT, DOT SIZE VARIANCE AND SETBACK VARIANCES FOR GRIMM'S STORE LOCATED AT 3069 BRIGHTON BOULEVARD, PID NO. 24-117-24 430017. WHEREAS, the City Council on April 14, 1987, held a public hearing pursuant to Section 23.505 of the Mound Code of Ordinances, to consider the issuance of a Conditional Use Permit for the operation of a grocery store and issuance of lot siz~ and setback variances for Grimm's Store; and WHEREAS, the subject property is within the B-3, Neighborhood Business Zone which allows ~rocery stores by Conditional Use Permit; and WHEREAS, the applicant has applied for recognition of existing lot size and setback variances; and WHEREAS, proposed improvements to the building will restore the building to a safe condition and will not increase the bulk of the structure thereby ~complyinG with Section 23.404 of the Mound Code of Ordinances; and WHEREAS, the Planning Commission reviewed the request; and WHEREAS, all persons wishinG to be heard were heard. NOW, THEREFORE, BE IT RESOLVHD by the City Council of the City of Mound, Minnesota, that the Conditional Use Permit and the followinG variances are hereby approved subject to a review by the City Engineer of the existinG parkin~ area to ensure adequate inGress/e~ress. Lot Area Variance - 7,000 square feet Setback Variances: North- 49 feet South- 13 feet East - 24 feet West - 40 feet, 2 inches Parking Stall Variance - 2 spaces I/Oq PROPOSED RESOLUTION CASE NO. 87-621 RESOLUTION 87- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND APPROVE A REAR YARD VARIANCE AND RECOGNIZE AN EXISTING NONCONFORMING FRONT YARD SETBACK FOR LOTS 16 AND 17, BLOCK 38, WYCHWOOD; PID #24-117-24 41 O157 (4932 Bedford Road) WHEREAS, Mark Steven Jenks, owner of the property, has requested a 13 foot rear yard variance to allow .the construction of a 3 foot walkway to an elevated 15.8 foot by 7.6 foot unenc.losed deck, add an addition to the northeast side of the structure of~24 by 22 foot, recognize an existing non- conforming 4.8 foot rear yard, . '.". --.and a 15.1 foot front yard set- back to Bedford Road; and WHEREAS, the City Code requires a 6,000 square foot lot area, a 15 foot rear yard, 30 foot front yard to Bedfprd Road, and 30 foot front yard to Brighton Boulevard and a 10 foot side yard to the north in the R-3 two family residential district; and WHEREAS, the property described has an existing 4.8 foot rear yard, a 15.1 front yard adjacent to Bedford Road; and WHEREAS, the P.lanning Commission has reviewed the request and does recommend recognizing the existing nonconforming front yard setback and rear yard setback upon the condition that the walkway, be elevated only to 30 inches above grade within five feet of the'Property line and that the elevated deck remain in line With the'existing'structure, and does recommend the proposed '24 by 22'foot.addition with Conforming setbacks to the property line. NOW, THEREFORE, BE IT RESOLVED. that the City Council of the City of Mound, Minnesota., does'hereby approve the recognition of the 15.1 foot front yard setback,.the]4,8 foot rear yard setback, to allow a variance for con- struction of a 12.8 foot by 7.6. foot elevated unenclosed deck within 5 feet of the west property line.,'and a 24 by 22 foot addition to the dwelling with conforming setbacks to the Property lines for Lots 16 and 17, Block 38, Wych- wood; PJD No, 24-117-24 41 O157 (4932 Bedford Road). CASE NO. 87-621 TO: Planning Commission, Applicant and Staff FROM: Jan Bertrand, Building Official ~ Planning Commission Agenda of April 13, 19 CASE NO. 87-621 APPLICANT: Mark Steven Jenks LOCATION: 4932 Bedford Road LEGAL DESC.: Lots 16 & 17, Block 38, Wychwood; PID No. 24-117-24 41 0157 SUBJECT: Rear Yard Setback Variance EXISTING ZONING: R-3 Two Family Residential The applicant, Hr. Jerks, is requesting a variance to allow an attached deck with walkway 15.8 feet by 7.~ feet and a proposed 22 by 24 foot addition to the east and west side of the existing dwelling. The R-3 Zoning District requires 6,000 square foot lot area for a single family home. The lot area for his parcel is 8,250 square feet+. Even though the struc- ture is addressed off of Bedford Road, Brighton Boulevar'-d is the shortest dimen- sion on the two abutting right-of-ways. Brighton Boulevard, therefore, is the designated front yard for Lots 16 and 17. Therefore, the front yard setback from BrightOn Boulevard. is required to be 30 feet, the front, yard setback from Bedford Road is to be 30 feet, the rear. yard. to the West is required to be 15 feet, and the side yard to the north is required to be 10 feet. The existing structure has a 4.8 foot rear yard and the required is 15 feet. The south Bedford setback is ~5.1 feet and the required is 30 feet. The applicant, has started construction on a walkway and deck prior to the appli- cation for the variance. Adeck may be constructed within ten feet of the rear lot line and the proposed deck would be two feet+ from the rear lot line. How- ever, Zoning Code Section 23.408(3)b allows terra'-ces, steps, and uncovered porches, stoops and similar structures, which do not extend in elevation above the height of the ground floor elevation of the principal building and do not extend a distance of less than 2 feet from any lot line. Possibly the applicant could construct the walkway at grade into the hill going to the north within two feet of the lot line and than have a stairway from grade up to an elevated deck stepped back ten feet from the property line at the west. The proposed addition to the structure of 22 by 24 for livi.ng space will have conforming setbacks to the Zoning Ordinance. The addition and the existing house would bring the struc- ture to a conforming 928 square feet of floor area. The minimum floor area re- quirement is 840 square feet for single family home. RECOMMENDATION: The staff recommends approval of the proposed 22 by 24 foot addi- tion to bring the structure to minimum floor area requirements, recognize the existing 15.1 foot front yard setback and 4.8 foot rear yard setback. Staff recommends that the deck walkway be reduced to 30 inches or less from the existing grade within 4.8 feet to 10 feet from property line allowing a stairway to a raised deck 10 feet from the rear lot line or west side of the property. The abutting neighbors have been notified. This will be referred to the City Council on April 28, 1987. IIII PLANNING COHHISSlON HINUTES April 13, 1987 BOARD OF APPEALS 1. Case No. 87-621 Rea.r yard setback.variance'for 4932'Bedford Road Lots 16 and-17,'Block. 38, Wychwood' Hark Jenks was present. The Building 0fflclal,.J~n'Bertrand, reviewed'the request for a variance to allow Hr~ .denks to construct an attached, deck t5.8 feet by 7.6 feet with walk- way and a.proposed'addl.t!on22 by 24 feet.to the east and west sides of the existing dwelling. Brighton BOulevard Is.the.front of the existing 'dwelling because It ls the narrowest side of. the.lot..The.Bedford'street setback is .15.1 feet and the required setback'ln, the.-R-3 District is 30 feet to both streets. A deck ls~11owed to be.within ten-feet, of' the rear lot line (west). 'The pres~ ent deck l.s.bel.ng.constructed at .1.8 feet to,the rear 'llne.. She commented the 2oning Code al~'ows uncovered .terraces, porches,.stoops notextending above" height of princlpai building ground floor to *be within 2.feet of the lot llne. She stated possibly appl-icant could..con~truct walkway at grade level Into hill and than have.a stairway up to'.the elevated deck .10 feet back from.the west prop- erty llne,.. Staff Is.recon~ending'approval of a 22-by 24 foot addltion wlth con- .forming setbacks (.this would bring dwelling to over the' min[mum 840 square fOOt floor area) and recognize the existing 15.1 foot front yard setback to Bedford and the 4.8 foot.rear yard setback upon the condition walkway be constructed within 30 inches of grade with'a stairway 'to a raised deck 10 feet from the west lot line. The Commission discussed t'he proposal and that the proposed Walkway and deck was intensifying the nonconformity and that a portion of the deck would have to be moved and walkway, would not be. leve! wlth deck if staff's recommendation approved.' It was suggested the best solution would be for applicant to approach neighbor to purchase.part of Lot'l$. Hr. Jenks stated his house was. buitt in 1950 and there had been a step for this door which extended out a couple of feet. He didn't think' he could purchase more land; he needed his money to complete the addition. The CommiSsion asked him if he would be Inclined to have walkway at grade (30 inches or"less) and have steps'going up to deck? The Building Offlcial stated steps could be in the setback space, but not c'lose~ than'2 feet to line. Jenks said it would be a lot of work, but was agreeable. Michael'moved and Welland seconded a motion to recommend to the Council approv- Ing with the staf-f recommendatlon the.proposed 22 by 24 foot addition to bring · the structure to minimum floorarea requirements, recognize the existing 15.1 foot front yard'setback and.4.8 foot rear yard setback; staff recommends that the' deck walkway-be reduced to' 30 inches or less from the existing grade. The vote'was unanimouslY in favor. · Thls will be referred to the Councll for the April 28, 1987 meeting. CITY OF HOUND APPLICATION TO PLANNING & ZONING COHMISSION (Please type the following Information) Case'No. Fee'Paid ..5"~. ~ a Date Flled~~7 1. Street Address of Property 4932 Bedford rd. 2. Legal Description of Property: Lot 16 &17 ' Block ~8 Add i t I on Wychwood PID No. 24-117-24410157 3. Owner's Name Mark Steven Jenks Address 4932 Bedford Rd. Day Phone No. 472-7857 Applicant (if other than owner): Name Address Day Phone No. Type of Request: (X) Variance ( ) ConditiOnal Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ) P.U.D. (.) Amendment ( ) Sign Permit ( )*Other .' e *If other., specify: . Present ~:oning District 'R3 2 family' Exlstlng Use(s) of Property. s:Lngle £a~±ly home 8. Has an application ever been made for zoning6 variance, or conditional use permit or .other zoning procedure for thls property? If so, llst 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 ali of the ~bove 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 purpose of inspecting, or of posting, maintaining and removing such~ notices as may be required by law. · Signature of Appllcant Date Planning Commission Recommendation: Date Councll Action: Resolution No. , Date , (2) Case Request for Zoni.ng Variance 'Procedure D. E. .Fo Location of: Signs, easements; underground, utilities, etc. indicate North compass direction Any addltlonal Information as may reasonably be required by the City Staff 'and applicable Sectlons of the Zoning Ordinance. III. Request for a*Zonln9 Variance* ~ A. All...informat10n. below~'a site plan, as described. in Part II, ana' general ppplicatlog, mus~ be pro¥lded before a hearing w111 be scheduled. B. Does' the* pr~nt ~s' of'. ~he ~rop~rt~· c~nfor~ to all '~e' ;eg~lations .for the zone dlst~l*c~In'which'It Is located? Yes (z) 'No (...)** - ~' If !'no", specify each ~on-conformlng use:' because I have asingle family home. C0 for the zone district in which l't Is.located? Yes ( ) No (x) I f "no", specl fy 'each non-conforming use: The house ~as onl? ~00 so. ft. of 1~*~_~ ~_~.~._ D.' Which unique physical characteristics of the sub~ect property prevent Its reasonable use for any of the .uses .permitted In that zoning district? ( ) .Too narrow (x.) Topography ' ( ) Soil ( ) 'Too. small .. ( ) Drainage. ( ) Sub-surface ( ) Too shall.o~. (x) Shape ( . ) Other.' Specify-- Twoh~l~o~et~a~l~l~l~.c~lose to ~he property line and .~he deck Do the existing structures comply with all area' height and bulk regulatlons E® Was the hardship d~scribed'ab°ve created by the action of ~nyone having property.Interests In the land after the Zoning Ordinance was adopted2 Yes ( ) No (z) If yes, explain: F. Was the hardship created by'any"other man-made change, such as the reloca- tlon of a road? Yes (.) No (z) If yes, explain: Ge Are the conditions of hardship for'which you request a variance peculiar only to the property described In this petition? Yes (z) No ( ) If no, how many other properties are similarly affected? , He What is the "minimum" modification (variance) from the area-bulk regulations' that will permit you to make reasonable use of your land? (Specify, uslng maps, site plans with dimensions and written explanatlon. Attach additional sheets, if necessary.) answer on the '.'other. side Will granting'of the varlance be materially detrimental to property in the same zone, or to the enforcement of this ordinance? no Certificate of Survey for MarkS. Jenks of Lots 16 and 17, Block 38, WYCHWOOD Hennepin County, Minnesota ,¢ I hereby certify that.this is a true and correct ' representation of a survey of the boundaries of Lots 16 and 17, Block 38, WYCHWOOD, and Of:the'location of all existing buildings, if any, thereon, It does not purport to show any other improvements or encroachments. COFFIN & GRONBERG, INC. Scale: Date · 0 ' ' Datum: 1 inch : 30 feet February 18, 1987 Iron marker Spot elevation Mean sea level (Mound City sewer) Mark S. Gronberg MN. Lic. No. 12755 Gordon R. Coffin MN. Lic. No. 6064 Engineers, Land Surveyors, Planners Long Lake, Minnesota .! .% COMMON · CASE N0..87;621: ' " I~I:taOB~LA LA ~.. 3030 Harbor Lane North, Suite 104 Minneapolis, Minnesota 55441 612/553-1950 d.,-.-- /7- 4 ,%,c' TO: Planning Co~missicn and Staff.// PROM: Mark Koegler, City Planner ~- DATE: April 8, 1989 SUBJ: Lot Area Variance Request AP[~ICANT: James J. and Josephine Sharp CASE NO: 87-625 V~S FILE NO: 87-610-A19-ZO IDCATION: Glen Flyn Road EXIST]/9~ ZONING: Single' Family Residential (R-l) ~SIVE PLAN: Residential PROPOSAL: The applicant is seekin~ a variance from the lot area requirements of the R-1 zone. Lot 22 contains approximately 5120 square feet and Section 23.604.5 of the Mound Zoning Code requires 10,000 square feet of lot area. OOMMENTS: Lot 22, Block 4, is located in the Three Points area which was analyzed in September of 1985 as a part of the zoning review in the Shadywood Point area. As the enclosed map indicates, approximately 44% of the parcels within the Three Points area are non-conforming. After discussion, the City Council decided tm review variances' within this area on a case by case basis. The applicant stated that the lot was originally acquired through tax forfeiture in 1960. Zoning of the lot at that time is unknown despite a review of Mound's records and investigation by Orono city staff. (The Shadywood Point/1~ Points area was part of Orono prior to annexation in December of 1963.) Despite the fact that the history is unknown, Lot 22 is classified as a Lot of Record. Under Section 23.403 of the Code, "a Lot of Record in a residential development may be used for single family detached dwelling purposes provided the area thereof meets al/ setback and minimum lot area requirements." Lot 22 does not meet the area requirements. ///'/ Based upon strict application of the zoning ordinance, staff does not feel that this request presents a legitimate case for granting a variance. If a variance is not granted, the only potential use of the lot is to combine it with one of the adjacent [~rcels. Most of the surrounding parcels either presently contain existing homes or are planned for future home construction. Lot 5, which is imediately south of Lot 22, c~oes not present/y contain a structure and is also undersized. The combination of Lots 5 and 22 would result in a parcel which would .satisfy the lot area requirements of the zoning code. RECOMMENDATION: Based upon the fact that the subject request does not meet the ordinance criteria for the issuance of variances, staff recommends denial. The Planning Commission may want to again, address possible comprehensive measures of alleviating this and similar variance requests in the future. PLANNING COHMISSION MINUTES April 13, 1987 Case. No. 87-625 Lot size vQriance, for 4925 Glen 'Elyn Road Lot 22,.B1oqk 24; ShadywoodPoint; PID No..13-117,24 11 0097 Paul Larson, Merrill Lynch..Real~Y, was present for Mr. & Mrs.' Sharp" Mark'Koegler reviewed his.¥eport on this request for a lot size.-~ariance;..Lot 22 contains approximately 5120 squaTe'feet o~ about SlX'of the lot area ~equire- merit. C!ty Code al.lows lots of.record to be used for single family d~elling pur- poses providing, area .meets all setback and minimum lot area requirements. In r 1985, Council Studied non-conforming:parcels.wi, thin Three Points and decided to review var]adces On a case by case basis.. Staff is recommending denial of the -. variance. The following persons wholare'o~ners of abUtting properties were opposed to "shoehorning a.house.into that 'lot"': Bill Carrow, Gerald Tasa,.Ernle Strong and Richard DeGuise. The COmmission'discussed and had various questions on setbacks, etc.. 'The-Plan- ner had Commented that Lot 5 might be availab)e to be combined with Lot 22 to meet the area requirementJ Mr. Strong stated that the same person o~ed Lots 5 and 6 and if Lot 5 went with Lot 22, than Lot 6 would be undersized. Smith moved and Sohns seconded a motion mo~ing the staff recommendation for denial. The vote was unanimously, in favor. It's not a hardship as has no home. This will be on the Council agenda of April 28, .1987.' II I · Three Poin:[s - Area 2 Total Parcels - 110' Conforming Parcels - 62 - 56% ~Non-conforming Parcels - 48 - 44% /4~25 Glen' Elyn Road 1. Street Address of Property,, 2. Legal Description of prOperty.· Lot Addition S~OO~ POI~ ~e~e~tn ~ouBg7 PI~ No. CITY OF HOUHD. APPLICATION TO PLANNING & ZOXING COHHISSIOX {Please type the follo~|ng Information) Los Angeles, Address 1200 North Avenue Applleant (if other 'than owner): Name - - Address Case ~ Block 24 13-117=2~ 11 0097. Day Phone No~_21.3) L:~,~. 0088 Calif.- 90011~ Day Phone No. Type of R~quest: ( *If other, specify: 6, .Present Zoning District 7. 8. Zone (X) Variance ( ) Conditional Use Permit ( ) Zoning Interpretation S Review · ) Wetland Permit ( ) P.U.D. ( ) Amendmen{ .( ) Sign Permit )*Other R-1 (Thru the grapevine, w e hear that this is an · "UNBUILDABLE LOT) Never had any official Notice Existing Use(s) of Property to this e~fect and have been paTin~ TAXES fo~-a ! ' improvements since acquri.n.g. DEED July 1~1~60. Has an application ever been made f'or zoning, variance, or conditional u~e permit or · other zoning procedure for this property? ~TO If so, list date(s) of list date(s) of'application, act[on taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. notices as may be required by law. _ . .Signature of Applican~ ~TT/JFSHA~'~L'~JO~~P~i~": ~tigtL~ ~ Planning Commission Re'Rginn~'nd~a..L[en~ I certify that all of the-above statementsand the statements contained ~n 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 appllcatlon by any authorized officlal of the City of Hound for the purpose of Inspecting, or of posting, maintaining and removing such Date Date q-13-87 Council Action: ,Resolution No. II,,).t Date R E C E i V E D~;AR 3 4 1987 1200 N. AvaNu~ ~4 · Los ANG~Li~$~ C~LI~. 90042 · CLmTO~ ~-3~28 CL~TO~ ~-6088 March 19, 1987 OUR SPECIALTY: COMPLETE I~PAIE DEPT. CO~~G ~ )OBB~G Rt~idv~li~ City of Mound 5341 Maywood Road Mound, Minn. 55364-1687 Atten~X~nt Jan Bertrand Building Official Dear Ms Bertrand: RE: Lot 22, Block 2~ Shadywood Point; PID #13-117-2~11 0097 Cit~ of Mound, Minn.. Thank you for your enclosures of 2/~/87 and we now attach completed and signed APPLICATION TO PLANNING & ZONING COMMISSION, together with our checkfor $50.00, the required fee for a Zone Variance. Please keep us informed and for your information, we expect to be in Minneapolis on April 6 and 7th, and if necessary we can arrange an appointment with your Department. Eours truly, JJS:jas ~ PROPOSED RESOLUTION CASE NO. 87-626 RESOLUTION NO. 87- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A 9 FOOT REAR YARD VARIANCE FOR WEST 1/2 OF LOT 54, WHIPPLE SHORES, PID # 25-117-24 21 OI54 WHEREAS, Mr. J. Thomas Lepisto, owner of property described as that part of Lot 54, WhiPple Shgres, which lies westerly of a line drawn southeasterly from a. point on,the northerly line of said Lot 54 to a point in the souther]y line of said Lot 54 distant 83. l feet westerly of the southeast corner of said Lot 54, PID#25-117-24 21 O154 has applied for a variance in rear yard setback in order to construct a new dwelling; and WHEREAS, Exhibit "B'Lhas also been submitted to indicate the requested setbacks to lakeshore of plus 50 feet, 20 feet to the improved right-of-way known as Waterbury Road, 6feet to the south rear yard, and 50.to 65 feet setback from the east side property line; and WHEREAS,~the City Code requires a 50 foot lakeshore setback, 15 foOt rear yard setback,.20 foot front yard setback for lots of record in the R-1 district with lot'depths from 60 feet or less,-and side yards of 10 feet; and WHEREAS, the Planning COmmission has reviewed the request and does recommend approval due to~.the shallowness and topography of the property. NOW, THEREFORE, BE ~T RESOLVED that the City Council of the City of Mound, Minnesota, does hereby approve the requested rear yard 9 foot vari- ance as shown on Exhibit "B" for that part of Lot 54, Whipple 'Shores which lies westerly of a line drawn Southeasterly. from a point on the northerly )ine of said Lot 54 to a. point in the souther]'y line of said Lot 54 distant 83.1 feet westerly of the southeast corner of said Lot 54, PID # 25-117-24 21 0154. TO: Planning Commission, Applicant and Staff FROM: Jan Bertrand, Bui]ding Official Planning Commission Agenda of April 13, 1987 CAS[ NO. 87-6Z6 CASE NO. 87-626 APPLICANT: J. Thomas Lepisto LOCATION: 5325 Waterbury Road LEGAL DESC.: West I/2 of Lot 5q,'Whipple Shores; PID # 25-117-2~ 21 01~q SUBJECT: Rear Yard Variance 'EXISTING ZONING: R-1 Single Family The applicant is requesting 'to construct a dwelling within 20 feet of Waterbury street f~ont; 6 foot rear yard on ~outh side; plus 50 feet to lakeshore west.side;. and plus 10 foot side yard on east side. The Zoning Code Section 23.301(65) defines the Lot Line FrOnt as abutting on existlng or dedicated public street and (63) defines Lot Depth as the mean hori- zontal distance between front lot line and rear lot line of a lot. The R-T-Zoning District allows a front yard for lots of reco~d, with a lot depth from 60 feet or less,..of 20 feet, a rear.yard of 15 feet, lakeshore setback.of 50 feet and side yard of 10 feet. COMMENTS: In 1981, the approved subdivision, Resolution No. 81-127, created one parcel of 8,082 square feet+_, and one parcel of 10,092 square feet+. In 1985, this same rear yard setback'request was approved by the City'Council~ The attached site plan marked "Exhibit A" shows how a structure could be placed on the property. . The app]icant is showing a 50 to 65.foot'-setback from the east si'de property line, 20 feet to the north at Waterbury, and-a 6 foot setback to the south. RECOMMENDATION: Due to topographY and shallowness of the lot,' a 9 foot rear yard variance, could be approved subject to the City Engineer's approval of site grading and Watershed District permits. The abutting neighbors have been notified. This will be referred to the City Council on April 28, 1987. JB/ms PLANNING COHHISSlON MINUTES April 13, 1987 Case No. 87-626. Rear yard.~ariance for 5325 Waterbury Road West 1/2 of Lot 5~,.Whipple. Shoresi PIO.25-117-2~ 21015~ Applicant,' J. Thomas Lepjsto, was present.: The Bu|lding Offlc~.al.revlewed'her'report. on this request stating the Commission has seen it before. .The'lot was subdivided'in 1981'and In 1.985, the Councll ap- proved ~the same rear yard variance· Of 9 feet'to, allow dwelling. 6 feet to the south lot line,' That applicant ha~'slnce Passed away. The'attached ~'Exhibit A" site plan shows how'a s-tructure~.co~ld'be placed'on the property..' Due to the topography and 'shallowness. of lot, a 9 foot rear yard variance could be approved subject to the City Engineer's approval of site grading and Watershed District permits. The Commission questioned, if our present ordinance Was in effect when this was subdivided (it was done before), .The Building Official stated that·because of the ~teepness of Waterbury., her suggestion ls to grant, the variance to get the home a little farther from the street~ Neighbor to.th~ south has no objections to t.he variance. Jensen moved and Andersen'secondedrecommending granting the Staff recommenda- tion. The vote Was unanlmously in favor. This will. be referred to-the Councll April 28, 1987. ~<~~~?~TO PLANNING S ZONING COHHISSlON ' (Please type the fo116wlng lnfor~tlon) Street Address of Property ~ ~~~~ ~o~ , , Applicant (if other than owner): Case'No. ~7 -" ~G Type of Request: (~) Variance ( ) Conditional Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ) P.U.D. (') Amendment ( ) Sign Permit ( )*Other *If.other~, specify: Present Zoning District .Existing Use(s) Of Property Has an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property7 ~E~' If so, list da__te(s) of l is/~: date(s) of application, action taken and provide. Resolution No.(s) )r.~-~. ff' ' - ' Copies of previous resoluttons 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 descr'ibed In this 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. Signature 6f Appl Date Planning Commission R&commendation: Date Council Action: Resolut Ion No. Date ' Request for Zoning Variance Procedure (2) · D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass dlrectlon .F.' Any addltlonal information as may reasonably be required by the Clty 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 '11, and general .application must be provided before a hearing wi11 be scheduled. B. ODes the present use of. the property'conform to all use regulations for the zone district In which it is located? Yes(~) No ( ) .. If !"no', specify each n~n-conforming use: Ce OD the existing structures comply wlth all area height and bulk regulatlqns for the zone district In which l't Is.located? Yes ( ) No'( )(Y./a'r- ~l~/aLic~ If ""no', specify each non-conforming use: Which unique physlcal characteristics of the subject property prevent its reasonable use 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..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, explaln: F~PS~r~ /-~(~4~ ~ -- F. Was the hardship created by'any'other man-made change, such as the reloca- tion of a road? Yes ( ) No ~-%,) If yes, explain: G® Are the conditions of hardship for'which you request a variance peculiar 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 regulatlons that wlll permit you to make reasonable use of your land? (Specify, using maps, site plans wlth dimensions and written explanation. Attach addltlonal sheets, If necessary.) _ variance-/ I. same zone, or' to the enforcement of this ordinance? RESOLUTION NO. 85-23 RESOLUTION TO CONCUR ~ITH THE PLANNING COMMISSION TO APPROVE A 9 FOOT REAR YARD VARIANCE FOR WEST 1/2 OF LOT 54, WHIPPLE SHORES, PIP #25-117-24 21 0154 WHEREAS, Hr. Ca! Haasken, the owner of property described as that part of Lot 54, Whipple Shores, which lies westerly of a line drawn southeasterly from a point on the norther!y !!ne of said Lot 54 to a point in the southerly line of said Lot 54 dis'rant 83.1 feet westerly of the southeest corner of said Lot 53, 'PIP ~25-117-24 21 0154 has applied for a variance in rear yar setback in .order to construct a new dwelling; and %'HEREAS, Exhibit "Bi' has also been submitted to indicate the re. quested setbacks to lakeshore of plus 50 feet, 20 feet to the improved right-of-way known as Waterbury Road, 6 feet to tko south rear yard, an.d 50 to 65 feet setback from the east side property line; and WHEREAS, the City Code requires a 50 foot lakeshore setback, 15 foot rear yard setback, 20 foot front ya.rd setback for lets of record in the R-1 district with lot depths from 60. feet or ]ess, and side yards of 10 feetl; and .WHEREAS, the Planning Commission h~s reviewed the ,ue:3~ and does recommend approval due to the shallowness and topogl apli'y-of the property. NCW, THEREFORE, BE IT RESOLVED that the City Council of the C~.ty of' Mound, Minnesota, does hereby approve the requested rear :'ard 9 foot variance as shown on Exhibit "B" for .that part of Lo,: 54, Whipple Shores which lies westerly of a line drawn south,~aater!y from a point on the northerly line of said Lot 54 · to'a ~.oilt in the southerly line of said Lot 54 distant 83.1 feet west,?!,., of the southeast corner of said Lot 54, PIP.#25-117-24 2i 0i ~4 .' The foregoing resolution was moved by Counci!member Paterson and seconded by Councilmember Paulsen. The following Couhcilmembers voted in the-affirmative: Jessen, Paulsen, Paterson, Polston and Smith. The following Counci!members voted i.n the negative: none. Mayor ~.~est: City Clerk March 21, 1987 To whom it may concern: After reading the Resolution #85z. 23, I do not have any objections to the re-approval of the granting of a nine foot rear-yard variance on the described property at 3301 Warner. signed signed ADDRESS Date March 21, 1987 To whom it may concern: After reading the Resolution #85-23, I do not have any objections to the re-approval of the granting of a nine foot rear-yard variance on the described property at 3301 Warner. signed ~ ~ Date3~ ~~ signed Date ADDRESS ;"dr Ideal Home for a Narrow Lot FRONT VIF ~,' BEDROOM ,~ r.,, o' $~ BEDROOM SECOND FLOOR PLAN · ROOM I I ~:~ ~-. · · 1FI~v~ PLAN 1427-3A Plans 1427-3A & 1427-3B 'M / Y& ,.,: .. //~-3 3030 Harbor Lane North, Suite 104 Minneapolis, Minnesota 55441 612/5,53-1950 Planning Cor=ission and Staff l~rk Koegler~ City Planner April 8, 1987 Variance Request APPLI~: Mik~ and Judy Gardner CASE. No: 87-627 VHS FILE NO:. 87-310-A18-ZO F~OCATION: 1599 Bluebird Lane ~xT.~C/N~ ~0NING: Single Family Residential (R-2) (~ PLAN: Residential PROPOSAl,.- The applicant is proposing to construct a second floor on top of an existin~ single story residence. The current structure contains 1189 square feet and the proposed addition will approximately double the existing floor a~, The existing structure COntains side yard setbacks of 4 feet and 7 feet, The 'exiSting rear yard setback ranges from 13,5 feet tm 14,7 feet, The Zoning-Code requires a 15 foot rear..yard setback.; -a ~10- foot-side yard setback along, the_ _.. south and a 6 foot side yard setback along the north. Application of the Zoning code results in the requested 1,5 foot rear yard variance and a 2 foot side yard variance along the northern property line and a 3 foot side yard variance along the southern property line, COMMENTS: The existing structure is non-conforming due to inadequate side and rear yard setbacks, The ordinance forbids alteration of non-conforming residential units when the improvements increase the bulk of the buildi.ng, A doubling of the floor area obviously increases the bulk of the building, This property was the subject of a previous variance request in 1975. In that request, apuroval was sought for a rear yard variance (then referred to as a front yard variance due to the lake) to construct an addition to the house. The proposed variance was denied by the City Council due to a lack of hardship due to the applicant's ability to construct an addition elsewhere on the lot. RE~~ATION: Based uDon applicatio~ of ordinance criteria, staff recommends denial of the subject variance request due to the lack of actual hardship. //35 PLANNING COHHISSION HINUTES April 13, 1-987 Case no. 87-.627 Variance request for 15~9 Bluebi. rd Lane Lots 18 and 1~',' Block 6, 14oodland Point; PID No. 13-117-2q 12 0128 Hike Gardner~was present. . . . The City Planner Hark Koeg'ier- reviewed hls.'report stating the proposed second " f'loor will approximately double.the existing floor area. He exp.lained the existing setbacks and the required.setbacks. Application of the Code would result in a 1.5 foot rear yard variance, a 2 foot side yard variance on the north and a 3 foot side yard variance on the south property iine. The Ordinance forbids the'altera- tion of nonconforming resldential units when improvements increase the bulk of the building. .As there is additional space to add onto the front., the staff recommends denial due to lack of actual hardship. Hr. Gardner stated' house wou.ld~look-l.lke a barn if addition made on Blueblrd side; he also wants to add a garage. '.He stated that originally the house had a second floor'and a former owner tore ir'off. He'thought the home with a second floor would fit-Into .the neighborhood .and meet his needs best. House has been a rental; but he is'buying'and wants to fix it up to live in. Barb Hesserlch, neighbor to the north, stated the house needs improvement. She thinks if he builds.long way, it would look like a box car. Her concern is having his eave (comes out about 18+ inches)'.over her flag stone'retaining wall .causing damage and washing out and eroding the wall away, The Commission discussed request;'one of the items questioned was whether found'a-. tion would support proposed addition. Concern was expressed .for the integrity of the ordinance and that Commlssion'is here to treat everybody the same. Hlchael ~hought anytime an indiv.idual wants to buy and fix up a house, we ought to try to work with'him and stated we ought to.look at. the ordinances. Smith thought fire access should be considered as part of setback which would in essenc~ give him additional 15 feet or 22 feet on the one side and 2 foot variance on other side. Welland agreed with considering access as part of ~etback; his concern was for the neighbor on the north, densen has a hard time seeing where the hardship ls, but stated a recent approval was.given on the basis of "practical difficulty" (Section 23.506.1 of the Code). The Chairman stated that if proposal were to be allowed, the property should be Cleaned up. He.mentioned an unlicensed vehicle, trash,'accessory building. etc. The staff asked that three issues be addressed if approval were considered: 1) · Overhang situatl, onZdrelnage .run, Offs_has to be' cqntrolle~d; 2)_Structure has to b~brought uP to ~od~ ahd 3) ~Ppl~cant.has to SUbmit a registered signed l~nd '~rveY t'hat conformS to--h~s drawing/or th~s has to come back to the Commission.. Smith moved and Heyer seconded a mot.ion to'~ecommend granting variances with. the three conditions recommended by the staff. Clarification of "up'to code" was made.to mean to bring structure up to building code and lot up to zoning 'code. The vote was Hayer, H1chael, Smith and: Welland in fav~6-r; and /~de~s~, e~nsen, Sohns and Reese opposed. Hotion tied. Weiland gave the reason he decided to' vote in favor was that the neighbors were in favor of the house being repaired rather than.just left. This will be referred to the Council on April 28', 1987. CITY OF HOUND APPLICATION TO PLANNING & ZONING COHHISSION (Please type the following information) Street Address of Property Legal Description of Property: Lot Addition c~)e o~ L~PG po m ~/'C' Owner's Name Case No. Fee Pald ~-~ ~ Date Filed ,~-~'-~ Address Appllcant (if other than owner): Name Address Block Day Phone No. Day Phone No. Type of Request: (,-~/'Variance ( ) Conditional Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit '(m ) P.U.D. ( ) Amendment ( ) Sign Permit ( )*Other *If other, specify: . Present Zoning District R- ~_, Existing Use(s) of Pro~erty ~.~/ ~.~-~- Has an application ever been made' for zoning, variance, or conditional use permit or other zoning procedure for this property? ~o I~ so, list date(s) of list date(s) of application, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all. of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon-the.preml-ses described-Jo..:biS aPPlicati°n by any authorized official of the City of Hound for the purpose of inspecting,.or jf'~o~'~'g,-maintaining and removing such notices as may be required by law. Planning Commission Recommendation: Date Council Action: Resolution No. ,/ ." Date Request for Zonl.ng Variance Procedure (2) Case O. Location of: Signs, easements; underground utllltles, etc. E. Indicate North compass direction .F. Any addltlonal Informatlon as may reasonably be required by the City Staff and appllcable Sections of the Zoning Ordlnance. III. 'Request for a Zoning Variance ~. All. Informer.Ion below, a slte.plan, as'described In Part 11, and general .application must be provided before a hearing.will be scheduled. B. Does the present use of. the property'conform to ali use regulations for the zone district In which it Is located? Yes (/x~) No ( ) ~ If t"no"", ~pecify each ~on-conformlng use: De Do the existing structures comply wlth all area height and bulk regulatlons for the zone district in which It Is.located? Yes ( ) No (~) · If "no", specify each non-conforming use: Which unique physlcal characteristics of the subject property prevent Its reasonable use for any of the'uses.permitted in that zoning district? (X) .Too narrow ( ) Topography ( ) Soll ( ) Too. small ( ) Orainage ( ) Sub-surface .(. ) Too shallow (-) Shape. ( ) Other: Specify: Was the hardship d~scrlbed abo~e'created by the action of anyone having property. Interests In the land after ~he Zoning Ordinance was adopted? Yes ( ) No (X) If yes, explaln: F. Was the hardship created by any'other man-made change, such as the reloca- tion of a road? Yes ( ) No (P~/ If yes, explain: Are the conditions of hardship for'~vhlch you request a variance peculiar only to the property'descrlbed in this petition? Yes '( )~ No ( ) . If no, how many other properties are similarly affected? , Ho .What Is the ""minimum" modification (variance) from the area-bulk regulations that wlll permit you to make reasonable use of your land? (Specify, using maps, site plans wlth dlmenslons and written explanatlon. Attach addltlonal sheets, If necessary.) I. WIll granting 'of the variance be materlally detrimental to property in the same-zone, or' to the enforcement of this ordinance? Mike and Judy Gardner want to put on a second story on their home and we as their neighbors approve. 11,4o O. 200 400 feet ,r-,"-. <": ~.ti .,'. <::.... .... ; ~:'_,...,..I :'" "r- ' ~* R. """~, ...... )16~,.98 t?es.. .. .:r:::.. VAST OF I~'~7'.24''4-'~'005(~ T ARM) COMMON I/q! PROPOSED RESOLUTION CASE NO. 87-628 RESOLUTION NO. RESOLUTION TO APPROVE 'MINOR SUBDIVISION FOR METES AND BOUNDS DESCRIPTION, PID NO. 23-117-24 31 0002 (6116 BARTLETT'BOULEVARD) WHEREAS, the minor subdivision of the metes and bounds description has been submitted in the manner required for platting of land under City of Mound Ordinance Code, 'Section 330 and under Chapter 462 of the Minnesota State Statute and all-proceedings have been duly conducted thereunder; and WHEREAS, an application to waive the subdivision requirements con- tained 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 Ci.ty Council; and WHEREAS, it has been determined that there are special circumstances affecting said property such that the strict application of the ordinance would deprive the applicant of'.the reasonable use of his land; and that the waiver is necessary for the preservation and enjoyment of a substantial property right; 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 of the City of Mound, Minnesota: The request of the applicant for a waiver from the provisions of Section 330 of the City Code and the request to subdivide property of less than five acres, described as follows: That part of the West. 149.7 feet of the East 841 feet of the Northeast quarter of.the Southwest quarter of Section 23, Township 117 North, Range 24 West of the 5th Principal Meridian, lying North of County Road ]10 and South'of the North 542.9 feet thereof, PID No. 23-117-24 31 0002 It is hereby granted to'permit the subdivision in the following manner as per Exhibit "A": Parcel A: That part of'the West 69 feet of the East 841 feet of the Northeast quarter, of the Southwest quarter of Section 23, Township 117 North, Range 24 West of the 5th Principal Meridian, lying North of County Road No. 110 and South of the North 542.9 feet thereof Parcel B; That part of the West 80.7 feet of the East 772 feet of the Northeast quarter, of the Southwest quarter of Section 23, Township 117 North, Range 24 West of the 5th Principal Meridian lying Nor(h of County Road No. 110 and South of the North 542.9 feet thereof B. Upon the further following conditions: PROPOSED RESOLUTION (Continued) CASE NO. 87-628 Co 1. The property owner is to stub into the newly created lot new services for water and sewer utilities. 2. Park dedication fee shall be collected in ~ccordance with Section 330 of the Mound Subdivision Ordinance, but in no case shall it be less than $300. 3. Payment for any and all deficient sewer and water unit charges for ~he additional building site. 4. Driveway and utility entrances from County Road llO will require Hennepin County approval. 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 Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the Subd!¥1sion regulations of the City. This lot subdivlsion is to be filed and recorded within 180 days of the'adoption date of thiS resolution. CASE NO, 87-628 TO: Planning Commission, Applicant and Staff(~ T FROM: Jan Bertrand, Building Official Planning Commission Agenda of April 13, 1987 CASE NO. 87-628 APPLICANT: Nell & Linda Schoenhofen LOCATION: 6116 Bartlett Boulevard LEGAL DESC.: Metes & Bounds; PID # 23-117-24 31 0002 SUBJECT: Minor Subdivision EXISTING ZONING: R-I The applicant is requesting to subdivide his property at 6116 Bartlett Boule- vard with a minor subdivision. The applicant is requesting a waiver of the public hearing requirements, escrow account, and etc. to allow a lot split to create a new building site. The R-I Zoning District requires lot area of 10,OOO square feet and lot width of 60 feet, and frontage on improved public right-of-way. RECOMMENDATION: Staff recommends approval of the requested minor subdivision and waiver of public hearing, escrow account, etc. for the metes and bounds described lot as per the attached survey for the proposed legal descriptions upon the condition that the property owner stub into the lot new services for sewer and water, and obtain the necessary Hennepin County utility and driveway permits, and pay for any deficient sewer and water units for the additional building site~ith park dedication fee which is applicable at the time of building permit issuance but not less than $300.00. The abutting neighbors have been notified. This will be referred to the City Council on April 28, 1987. JB/ms PLANNIN~ COMMISSION HINUTES April 13, 1987 Case No. 87-628 Minor subdivision of land at 6116 Bartlett Boulevard Metes and bo mds description; PID No. 23-117-24 31 0002 Applicant was not present. The Building Offici'al reViewed her report dn the minor Subdivision/lot split to create a new building.site and stated that it meets all requirements in. the R-1 Residential Zoning District. Staff recommends approval of the subdivision' requested, waiver'of public hearing, escrow account, etc. for the metes and bounds described lot as per the survey for the proposed legal descriptions.upon the condition that.thepropertyowner stub into the lot new sewer and water services, obtain Hennepin County 6tility and driveway permits, pay any cient sewer and water un-its for the additional building site with park dedication fee which'.is applicable at the time ~f building permit issuance(not less than $3oo..).' Jensen moved and ~eiJand seconded.a motion to move staff recommendation. The vote was unanimously in favor. This.will be referred to the Council on April 28, 1~87o APPLICATION FOR SUBDIVISION OF Sec. 22.03-a VILLAGE OF MOUND LAND FEE OWNER PARCEL A WAIVER IN LOT SIZE IS REOUE.S. TE.D..FOR= From New Lot.No. , Square feet TO Square feet Reason: This application must be signed by all the OWNERS of the property, or an explan- 'ation given why this is not the case. APPL ICANT'~~J ~, (~~J~EL NO y?~-- o~/~'~"0 · PLANNING COMMISSION RECOMMENDATION.' DATE DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343-8468 935-3381 TTY 935-6433 March 31, 1987 Neil Schoenhofen 6116 Bartlett Boulevard Mound, Minnesota 55364 Re: Access to Bartlett Boulevard (CSA~ 110) Nell: As we discussed, Hennepin County will permit access to the proposed lot if and when it's subdivided. The future driveway mustbe located at the new property line approximately 65 feet east of the west property line. The lilac shrubs in front of the above address would have to be removed since they-are on public right-of-way and present an acute visibilityhazard. will not issue a permit now since the lots are not divided and there is no specific activityproposed. However, a permit must be processed prior to any construction. Thanks for your inquiry and please call if there are further questions. Sincerely, David K~.'Zetterstrom Entrance Permit Coordinator DKZ: pl cc: Jan Bertrand, City of Mound HENNEPIN COUNTY //'-/7 TO McCOMBS-KNUTSON ASSOCIATES INC. 12800 Industrial Park Blvd. PLYMOUTH, MN 55441 (612) 559-3700 WE ARE SENDING YOU ~' Attached [] Under separate cover via the following ~ems: [] Shop drawings [] Prints [] Plans [] Samples [] Specifications [] Copy of letter [] Change order [:] COPI ES DATE NO. DESCRIPTION r THESE ARE TRANSMIttED as checked below: [] For approval [] For your use )l~As r~luested [] For review and comment [] FOR BIDS DUE REMARKS ~ [] Approved as submitted [] Approved as noted [] Returned for corrections O Resubmit [] Submit [] Return copies for approval copies for distribution corrected prints 19 E] PRINTS RETURNED AFTER LOAN TO US EQUAL OPPORTUNITY EMPLOYER$ COPY TO SIGNED: ~'3'*,,: W'I 000.~"}3 Z ~' H. 116o 'IViO_UND 75 YEARS CITY OF MOUHD 5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155 TO: Dayton and Hargaret Ni]liamson, City Council, and Staff FROH: Jan Bertrand, Building Official-- ~~~ DATE: April 20, 1987 To confirm our discussion after the Planning Commission meeting of April 13, 1987, we affirmed the fact that the site plan submitted with your building plans included a 20 ft. by 17.0 ft.addition within 13.5 ft. of your east property line. The addition included the stairway made mentioned of during the Planning Commission meeting. The staff recommendation was'for approval of the variance to recognize the existing non-conforming setback to the west property line unless the Planning Commission felt the three season porch intensified a non-conforming structure. If I can be of further assistance, please contact me before the City Council meeting of April 28, 1987. I1 /. CASE NO. 87-629 TO: Planning CommisSion, Applicant and Staff ' FROM: Jan 'Bertrand,. Building official Planning Cdmmission Agenda of April ]3, 1987 CASE NO. 87-629 APPLICANT: Dayton & Margaret Willlamson LOCATION: 2012 Villa Lane LEGAL DESC.: Lo~s ! and 2, Block 5, Abraham Lincoln Addition to Lakeside Park · PID # 13-117-24 31 0023 SUBJECT: Front Yard Setback Variance EXISTING ZONING: R-1 SingleFami.ly Residential The applicant is'requesting a front yard setback variance from the existing struc- ture to the unimproved Villa Lane right-of-way (formerly known as Plummet Avenue). The. applicant wlll be adding an addition to this non-conformi'ng structure on the east si.de, opposite from the exi.sting non-conforming 6=8~.setback to Villa Road. .The Zoning Ordinance'for non-conforming structures Under Section 23.40~(7) states, ~Normal maintenance of.a building or structure, containing or related to a lawful non-conforming use is permitted,-inc]ud].ng necessary non-structural repairs and incidental alterat'ions.which do not extend 'or intensify the non-conforming use.'~ Section 23.'~08($) states.that lots'of record abutting-on more-than one street shall provide the required front yard along every street.depending on lot width. The two lots of' the parcel are 85 feet in width. This would require a 30 foot setbadk from Pike Road and a 30 foot setback from Villa Lane. The proposed three season porch is 16 by 17.6 feet and will be added to the.east side of the structure away from the Villa right-Of-way. The Villa right-of-way, a copy of the street as-built is enclosed, is only improved to the front of the existing home. RECOI~tENDATION: Possibly t.helvariance could be allowed to add onto the structure as an accessory to the livlngspace of the home with'.the understanding .that the 6 foot side yard to'the unimproved Villa Lane does not pose an obtrustive obstruc- tion to the area as the open space of the right-of-way allows for separation of the home to the west. However, the Planning Commission may find that, indeed, a three, season porch does intensify a non-conforming structure. The building at the closest point is 6 foot 8 inches to the street right-of-way. The abutting neighbors have been notified. This will be referred to.the City Council on April 28, 1987. JB/ms PLANNING COMHISSION MINUTES April 13, 1987 Case No. 87-629 Front yard setback variance for.2012 Villa Lane Lots 1 and 2, Block 5,.Abraham Lincoin Addition to Lakeside Park; PID No 13-117-2h 31 0023 ' Dayton and Margaret Williamson were present. The Building Official reviewed her report on request for a front yard setback variance from the existing structure to the unimproved Villa Lane right-of-way to allow a conforming addition of a three season porch 16 by 17.6 feet on the opposite side From the existing nonconforming 6'8" setback to Villa Road.': The street front requirement is 30 feet. The Commission discussed request and commented that property seemed overbuilt. Applicant questioned if~could add about 4 feet to the proposed three season porch; plan started out'when an inside stairway was proposed to'be changed and they thought the extra' 4 feet would be'nice on the porch. Stairway change was dropped, but not the 4'foot extra'porch area. Weiland moved and Meyer seconded a motion to recognize the existing noncon- forming setback to unimproved Villa Lane (22.5 feet+) and further stipulate the addition as approved be not closer than 13.5 to--property line on lakeside corner and 14.5 feet to land side. Meyer withdrew hi~ second. No one seconded the motion and it failed for lack of a second. Jensen moved that w~ recognize the existing nonconforming setback to Villa Lane and grant a variance with the stipulation that addition be no closer than ten feet to the property line. Motion was seconded by Smith. The vote was Meyer, Michael, Jansen and .Smith in favor and Andersen, Reese, Sohns and Weilandopposed. Vote was a tie. Weiland Stated his reason.fOr voting against was that property was overbuilt. He thought there is no hardship there. ....... Th"is will'be referred to the City Council on April'28, 1~87. CITY OF MOUND APPLICATION TO PLANNING 8; ZONING COMMISSION (Please type the following Information) Street Address of Property ~{~ /c~ J/////~ /./~r-/~ Case No. Fee' Pa I d -S-o o o Dat· Filed '/-'~ Legal Description of Property: Ad d i t i on/d~//~l/7/q/I/~ Address 4. Applicant (If other than owner): Nan~ Day Phone No. Address Type of Request: (~() Variance ( ) CondltlOnal Use Permit ( ') Zoning Interpretation & Review (.) Wetland Permit ( ) P.U.D. ( .) Amendment ( ) Sign Permit ( )*Other '6. 7. 8. *If other~ specify: Present ~onlng District Existing Use(s) of Property ~(~/2_ ~L~/~ / Has an appllcat10'n*ever been made for zoning, variance, or conditional use permit or .other zonlng procedure for thls property? If so, llst date(s) of list date(s) of appllcatlon~ action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request· I Certify that all of the above statements.and the statements contained in any required papers or plans to be submltted 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 ,ound for ,.he ' ---Da.- -~ .~ - -/.te~C~/~.~-7 purpose of Inspecting, or of posting maintaining and removl.ng such .... notices as may be required b~h law. ~ ,'~ -- i ' "Signature of Appllca"t - - Planning Commission Recommend tion: 4-13-87 Oate Council Action: Resolution No. Date 4-28-87 Request for Zoni.ng Variance Procedure (2) Case # 87-62~ O. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass direction .F. Any addltlonal Information as may reasonably be required by the City Staff and applicable Sections of the Zoning Ordinance. I!1..Request for a Zoning Variance A. All information below, a site plan, as described in Part '11, and general .applicatlon 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 (~') Ho ( ) . If "no", specify each n~n-conformlng use: Do the existing structures comply with all area height and bulk regulations for the zone d~strict in which i't Is.located? Yes (~) No ( ) If "no", specify each non-conforming use: ( ) .Too narrow ( ) Topography ( ) Sol ( ) Too. small ( ) Drainage ( ) Sub-surface · .( ) Too shallow (. ) Shape . ( ) Other: Specify: % vii& Which unique physical characteristics of the subject property prevent Its reasonable use for any of the uses permitted in that zoning district? E. Was the hardship d~scrlbed above created by the action of anyone having property.interests in the land after 'the Zoning Ordinance was adopted? Yes (~) No ( ) If yes, explain: T~_ d~;~ ~ ~,~.~.'.,z.~',-~,~ a,~:~ F. Was the hardship created by any'other man-made change, such as the reloca- tion of a road? Yes ( ) No (~) If yes, explain: G® Are the conditions of hardship for'which you request a variance peculiar only to the property described In this petition? Yes .( ) No ( ) If no, how many other properties are similarly affected? H..What Is the "minimum" modification (variance) from the area-bulk regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and written explanation. Attach additional sheets, if necessary.) I. 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', .......'..: ::.....:. .,: CASE NO. 87-629 N J \ / \ / · / \ \ t / / I .9.o V'l u .LNO~"I38 ~ 86 Ma)' 21, 1985 RESOLUTION NO. 85-59 RESOLUTION TO GRANT A VARIANCE FOR BUILDING A SINGLE FAMILY UNIT ON LOTS 1 AND 9, BLOCK 13, THE HIGHLANDS, PID #23-117-2~ 31 0050/0056 WHEREAS, Donna Smith and Joanne Gibson, owners of property described as Lots 1, 2, & 9, Block 13, The Highlands, have applied to have these lots rezoned to R-2; and WHEREAS, the reason they have requested the rezoning is because Lot 1 has 9850 square feet and is zoned R-l; Lot 2 has 9395 squar~ feet and is zoned R-B; and Lot 9 has 7250 square feet and 1020 square feet is zoned R-3 and 8230 square feet is zoned R-1; and WHEREAS,' having R-2 zoning allows building on square feet; and WHEREAS, the Planning Commission recommended zoning the three lots R-3 to make it consistent with the other 2 corners of Westedge Blvd. and County Road 110; and WHEREAS, a public hearing was held on May 14, 1985, and continued on May 21, 1985, and the Council could not agree on the zoning to be applied to this property, thus it was decided to leave the zoning as is and grant a variance to Lots 1 and 9 to build single family units on those lots because the property was in one family ownership prior to the enactment of the zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby grant a variance in lot area to Lots I and 9,' Block 13, The Highlands, to build single family units on those lots. The Zoning Ordinance, Section 23.506.2 (5) states, "Variance permits shall expire if they have not been used within one year after the date of adoption of this resolution". " The foregoing resolution was moved by MayOr Polston and seconded by Councilmember Smith. The following Councilmembers voted in the affirmative: Jessen, Paulsen, Peterson, Polston and Smith. Atte'st: City C1 The following Councilmembers voted in the negative: none. ~~ ~~ Mayor 90 RESOLUTION NO. 86-55 13, 1986 RESOLUTION TO EXTEND RESOLUTION ~85-59, GRANTING A VARIANCE FOR BUILDING A SINGLE FAMIL~ UNIT ON LOTS I AND 9~ BLOCK 13, THE HIGHLANDS PID ~23-117-24 31 0050/0056 .. WHEREAS, on May 21, 1985, the City CounciI approved Resolution t85-59, entitled, "Resolution to Grant a Variance for Building a Single Family Unit on Lots 1 & 9, Block 13, The Highlands, PID #23-117-E4 31 0050/0056"; and WHEREAS, the owner of the property, Gary Heines, purchased thi~ property from the Smith's in the winter and as yet .. he has not been able to start building and is requesting that this variance resolution be granted an extension of 1 year; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby grant an additional 1 year extension of Resolution 185-5~ until May 13, 1987. The foregoing resolution was moved by Mayor Polston and seconded by Councilmember Smith. The following Councilmembers voted in the affirmative:. Je~sen, P.aulsen,'Peterson, Polston and Smith. 'The following Councilmembers voted in the negative: none. Mayor Attest: City Clerk RESOLUTION NO. 87- RESOLUTION AUTHORIZING APPLICATION FOR CONVEYANCE FROM THE STATE OF CERTAIN TAX-FORFEIT LANDS WHEREAS, there.are certain lots in the City of Mound which are tax forfeit; and WHEREAS, the County has requested that the City Council either release these lots for public auction; release for private sale to adjacent owners if the parcels cannot be improved because of non-compliance with local ordinances; or request conveyance; and WHEREAS, it appears in the best interest of the City to obtain certain lots for various reasons, i.e. wetlands, storm sewer drainage,.street or park purposes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby: 1. Authorizes the Mayor and City Clerk to make application to the State of Minnesota for conveyance of the lot listed below for the public purpose listed. PARCEL ~EGAL DESCRIPTION pURPOSE 19-117-23 23 0037 Lot q, Block 17, Seton Park & Wetlands 2. Authorizes cancelling the following special assessments against this property: LEVY ~ AMOUNT 3180 $ 146.00 3388 $ 361.60 3397 $ 203.41 7514 $ 575.92 The foregoing resolution was moved by Councilmember and seconded-by Councllmember The following Councilmembers voted in the affirmative: The following Coun.cilmembers voted in the negative: Attest: City Clerk Mayor 1 limb eSI · NONNY April 28, 1987 RESOLUTION NO. 87- RESOLUTION RELEASING CERTAIN TAX FORFEIT LANDS TO HENNEPIN COUNTY FOR PUBLIC AUCTION AND CERTIFYING THE SPECIAL ASSESSMENTS WHEREAS, the City of Mound has been informed by the Department of Property Taxation of Hennepin County that certain lands within the City have been forfeited for non-payment of real estate taxes; and WHEREAS, the parcels do comply with the City's zoning ordinance or building codes and are not adverse to the health., safety and general welfare of residents of this City; and WHEREAS, all special assessments were cancelled at the time of forfeiture and may be reassessed after the property is returned to private ownership pursuant to Minnesota Statutes 282.02 (also note: M.S. 429.07, Subd. 4; M.S. 435.23 and M.S. 444.076); and WHEREAS, all special assessments that have been levied since forfeiture shall be included as a separate item and added to the appraised value of any such parcel of land at the time it is sold (M.S. 282.01, Subd. 3); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: That the following parcels of tax forfeited land are released to the. County of Hennepin for public auction and the City hereby certifies the following special assessments: PAR,CgL (PID) AMOUNT BEFORE FORFEITURE ~EV~ ~ AMOUNT AMOUNT AFTER FORFEITURE LEV~ ~ AMOUNT ~19-117-23 33 0192 NONE 7928 $ 3,856.25 (Lot 43 and the W 10 ft of Lot 44 also all that part of vac st lying between the Wly extensions across it of the N and S lines of said Lot 44) ~30-117-23 22 0021 (Lots 3 and 4, Block Devon) 8297 $ 3,415.03 NONE The Mayor and the City Clerk are hereby authorized and directed to release the aforementioned lands for sale at public auction subject to the County imposing the lien of special assessments on said lands. April 28, 1987 4o The City of Mound is releasing the above properties subject to street and utility easements being retained by the City of Mound. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Counci[members voted in the negative: Mayor Attest: City Clerk i ! · & C' Z G I-G. L' ~_-! DF.,VON,, LA KE LA Apr, il 28, 1987 RESOLUTION NO. 87- 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 WHEREAS, the City of Mound has been informed by the Department of Property Taxation of Hennepin County that certain lands within the City have been forfeited for non-payment of real estate taxes; and WHEREAS, the City of Mound has a number of tax parcels which do not comply with the City's zoning ordinance and building codes because of a lack of minimum area, shape, frontage, access prob- lems, or the parcels contain nuisances or dangerous conditions which are adverse to the health, safety and general welfare of residents of this City; and WHEREAS, the City was instrumental in obtaining legislation which would allow said parcels to be withheld from public-sale and sold at a non-public sale to eliminate nuisances and dangerous conditions and to increase compliance with land use ordinances and Minnesota Laws of 1982, Chapter 523, Article 39, Sect.-'6 was adopted to provide said authority to the City and the County; and WHEREAS, a specific list of tax forfeited lands has been provided the City and the City wishes to restrict and condition the sale of certain lands to bring them into conformance with City ordinances and land use goals; and WHEREAS, all special assessments were cancelled at the time of forfeiture and may be reassessed after the property is returned to private ownership pursuant to Minnesota Statutes 282.02 (also note: M.S. 429.07, Subd. 4; M.S. 435.23 and M.S. 444.076); and WHEREAS, all special assessments that have been levied since forfeiture shall be included as a separate item and added to the appraised value of any such parcel of land at the time it is sold (M.S. 282.01, Subd. 3). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota: The County Board is hereby requested to impose condi- tions on the sale of the following described lands, and is further requested to sell such lands only to owners of lands adjoining at a non-public sale so that said lands will be combined for tax and land use purposes and will comply with City ordinances and regulations: April 28, 1987 PARCEL (PID) REASON FOR AND CONDITIONS SPECIALS LEVIED BEFORE FORFEITURE LEV t AMOUNT SPECIALS LEV; ~ SINCE FORFEITURE .~E~r~t AMOUNT ~19-117-23 33 0168 Lot does not front on (Lot 21, a improved street and Block' lq, OO.ls undersized. To ~? ~be sold only to and Pembroke) ~ combined with adjoining _properties NONE NONE ~25-117-2q 21 0073 Undersized lot to be (Lot 10, sold only to and Block 23,~~0 combined with ad- Whipple)'~ Joining properties 8298 $-1,511.55 NONE ~25-117-2q 21 0135 Undersized lot to be 8297 $ 3,288.50 NONE (Lot 12 and N sold only to and 8298 $ 1,13q.90 10 feet of Lot combined with ad- 13, subject to Joining properties road, Block 20, 5~00 Whipple) NOTE: PLEASE PUT THE FOLLOWING PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES ON THIS PROPERTY: "A perpetual easement for utility and street purposes over, under an across that part of Lot'12, Block 20, Whipple, lying northwesterly the following described line: Beginning at a point on the southwesterly line of said Lot 12 distant 10.00 feet southeasterly of the northwest corner of said Lot 12; thence northeasterly to a point on the northerly line of said Lo~ 12 distant 10.00 feet easterly of the northwest corner of said Lot 12 and there .terminating." (SEE ATTACHED EXHIBIT "A") NONE NONE NONE NONE NONE NONE ~13-117-24 11 0058 Undersized lot to be (Lot 16, Block sold only to and 16, Shadywood combined with ad- Point) - Joining properties G13-1~7-2~ 12 0026 Undersized lot to be (Lot 22, Block sold only to and 2, Dreamwood) combined with ad- Joining properties  '13-117-24 Undersized lot to be 0055 (Lot 11, Block sold only to and 5, Dreamwood) combined with ad- Joining properties 117o April 28, 1987 -117-24 44 0148 Lot does not front Lot 2B, Block on a improved street 12, Arden) and is undersized. To be sold only to and combine with ad- joining properties 25-117-24 11 0136 Undersized lot to be (That part of sold only to and Lot 8, Block combine with ad- 10 Devon lying -Joining properties S of the N 15 ft thor also all of Lot 13 said Block 10, Devon) NONE NONE The Mayor and City Clerk are hereby authorized and directed to release the aforementioned lands for sale, subject to the County imposing the aforestated condi- tions and the lien of special assessments on said lands· The City of Mound is releasing the above properties subject to street and utility easements being retained bY the City of Mound. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: NONE NONE The following Councilmembers voted in the negative: Mayor Attest: City Clerk BLVD //7~, ~HTON I X~IIgBXOB ~ OaDINANCE NO. ~f~ AN ORDINANCE ADDING SECTION 206 TO THE CITY CODE PROVIDING FOR THE DEFENSE AND INDEMNIFICATION OF OFFICERS AND EMPLOYEES OF THE CITY The City of Mound does ordain: Section 206 is hereby added to the City Code and shall read as follows: Section 206 - Defense and Indemnification of Q~ and ~ Section 206:00. Defense ~nd Indemnification of Q~and ~of the ~. .. Subd. 1. Purpose. In recent years there has been a loss of sovereign immunity for municipal functions and employees and a trend has developed wherein municipalities, their officers, employees and agents have been joined in litigation and a number of these lawsuits have been filed naming officers, employees and agents individually in lawsuits. As a result of this trend in the law, it becomes more difficult to obtain the services of citizens who are reluctant to volunteer for service in municipal government and to assume individual liability when acting in behalf of the City. City council members, employees and officers are in the normal course of events participants in many controversial decisions which result in litigation and subject the individuals to concern regarding personal liability. It is the purpose of this ordinance to unequivocally state that the City of Mound will protect its City officials elected or appointed, including members of the Planning Commission, Board of Zoning Appeals, Park Commission and other Commissions. appointed ty the City Council in performing their duties to promote the public health, safety and general welfare. Public officials must be in a ~osition to make decisions when they are needed and ~o act to implement decisions of the City Council. Action on co~oversial subjects and implementing policy decisions can and will result in errors on the part of.an employee or an elected or appointed official, and it is determined that it is better that said officials act and risk some error and possible injury from such actions rather than not to act at all. The public health, safety and general welfare will be promoted and preserved by providing assurances to these individuals that they will be supported by the municipality in carrying out their o'fficial duties. Subd. 2. D_9_~ and Indemnification. The City shall defend, save harmless and indemnify any of its officers and employees, whether elected or appointed, and specifically inlcuding members 11'2'1 of its advisory commissions, against any tort, claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of their duty. This responsibility to defend and indemnify does not apply in cases of malfeasance in office or willful or wanton neglect of duty. Subd. 3. Defense Counsel. The City Council will designate the City Attorney or legal counsel representingma insurance carrier for the City to defend the City's employees and officers against all such lawsuits wherein the employee or officer is individually named-as a defendant. The City shall continue to represent the employee or officer if the decision is appealed to a higher court, or the City .Council may authorize the appeal of any decision against the officer or employee to a higher court. Subd. 4. ~ to ~_~ Counsel. The provisions of this section of the Code shall not supers~9 or preclud~e officer's or employee's right to retain at4~~expense4~rsonal legal counsel to provide for this defense. The determination as to whether to use the City's legal counsel, for whi6h the City shall be responsible for de~gnse costs, or whether t~e.o.~)cer or employee chooses t~_~se~wnindividual counsel at~~nexpense, sha%l be at--ion, and if the official selects~5~nattorney, this shall relieve the City from all present and future obligations as they relate to any defense or indemnification of the officer or employee for the alleged tort, claim or demand. Mayor Attest: City Clerk Adopted by City Council Published Official Newspaper 117 / 75 YEARS April 17, 1987 TO: FROM: RE: HAYOR AND CITY COUNCIL ED 5HUKLE, CITY MANAGER'' PLANNING COMHISSION'S RECOMHENDATION ON LOST LAKE You may recall that at the City Council work session held February 21, 1987, that you directed the Planning Commission to conduct a public input meeting on the possible uses of the Lost Lake property. You had also asked that the Mound Retail Council and/or the Westonka Chamber of Commerce be con- tacted regarding their input on the possible uses of the property. Both of these assignments were carried out. The Mound Retail Council was in- vited to attend the meeting on March 6th. Over forty invitations were sent, nineteen persons representing various businesses were present at the meeting held at Mound City Hall. At this meeting, I explained the purpose of the meeting and gave background on the property. I presente'd the concerns of the City with regard to the Public Works facility issue, and I also presented the recommendations from the Maxfield Research Group on whether or not the property ought to be used for commercial or resid- ential activity. The following concerns/ideas were voiced at this meeting: 1. Boat traffic on the Lost Lake channel. 2. Commercial use would be better than residential use. 3. Want development project to tie into wetlands area. 4. Athletic complex (baseball, softball). 5. Walkways along Lost Lake channel. ' 6. Use of two acres adjacent to property owned by Balboa, Inc. 7. Need for restaurant/banquet facilities. 8.. Tax generation - commerCi:al/residential. I felt that the meeting was good. We had as you.can see, a variety of ideas. I asked each of the participants as well as those that hadn't attended the meetin9 to submit comments in writing by March 18th. On March 23rd, the Planning Commission held a public input meeting on the Lost Lake issue. All but one Planning Commission member was present along with city staff, mayor and councilmembers and eight interested citizens and both local newspapers were represented at this meeting. Attached is a copy of the approved minutes from this meeting. HEMO TO MAYOR AND CITY COUNCIL APRIL 17, 1987 PAGE 2 I think it will give you some insight into what was talked about at the meeting. The Planning'Commission made an excellent effort in attempting to stream- line all of the comments that had been submitted to date. The major recommendation was that they support the development of a country inn. The items related to this development are: /1. /4. Negotiate dock arrangements with the developer of the country inn. The City would assist in the development of'trails and some kind of amenity grouping. The City would consider a tax increment financing approach to the project. The City would, consider the issuance of general obligation bonds to develop the wetlands area for park purposes. The Planning Commission directed the staff to return at the April 13th meeting with a summary of components that could be included within a Request for Proposal (RFP) that could be sent to interested developers of a country inn. At the April 13th Planning Commission meeting, the Planning Commission reviewed the summary of components and additional comments from interested citizens regarding the Lost Lake property. They also reviewed a map of public ownership of the Lost Lake property by the City. Information was also available to them regarding private properties around the Lost Lake area. Attached is a memo dated April.8, 1987, from Mark Koegler, City Planner, to the Planning Commission and staff regarding the components that could be included within an RFP. The Planning Commission then came up with the following recommendation for you to consider at your April 28, 1987 meeting: Chairman Tom Reese moved and member Ken Smith seconded to recommend'to the City Council that an. initial attempt should be made to develop the Lost Lake property and that the recommendation is for a country inn. The City Staff is to draft a Request for Proposal (RFP) which would'include certain inducements att- ractive to developers. If the RFP does not draw any interest, the City should then go back and re-evaluate the issue. No specific time frame is recommended at this time for completion of this process. The motion was approved on a five to three vote, with the followi, ng voting in favor: Reese, Smith, Jensen, Sohns and Andersen. The nays were: Weiland, Michael and Meyer. Bill Thal was absent from the meeting. Therefore, this issue is on the Council's agenda for discussion. The staff is waiting for your direction on this issue. The staff belleves that the Planning Commission recommendation is a very logical one and stands ready to prepare a RFP should that be what you desire. We also believe that the Lost Lake property issue is directly tied to the Public Works facility issue and we certainly hope that the Public Works facility issue can be resolved prior to the Lost Lake property being de~eloped. As you know, we are working diligently on the Public Works facility pro- blem and hope to resolve it in 1987. HEHO TO THE HAYOR AND CITY COUNCIL APRIL 17~ 1987 PAGE 3 In addition, we believe that this issue has received a great deal of public input. It has been discussed for many years and the public has been given adequate time to submit ideas, reactions, etc., to the future of this property. We believe that the Councll should accept the recommendation of the Planning Commission and move forward on this issue at this time. If you have any questions, p]ease contact me. ES:ls Information for April 28, 1987 Council Meeting April 23, 1987 Mound Volunteer Fire Dept. requests the following Licenses for the June 13, 1987 Fish Fry. Charitable Organization 3.2 Beer Permit Public Dance Permit Set-Up Permit - Please Waive the Fee NEW LICENSE APPLICATION Tree Removal License - License Period 4-1-87 to 3-31-88 Aaspen Tree Service LICENSE RENEWALS - Expiring April 30, 1987. Bowling 8 Lanes--Mound Lanes Games of Skill I--A1 & Alma's 4--Captain Billy's 5--Donnies on the Lake Juke Box 1--American Legion 1--Donnies on the Lake 1--VFW #5113 Pool Table 2--Captain Billy's 1--Donnies on the Lake 2--VFW #5113 New License Period 5-1-87 to 4-30-88 Cont'd Pg. 2 Cont'd Restaurant A1 & Alma's American Legion Minnetonka Boat Rental Captain Billy's Donnies on the Lake Happy Garden Hardee's Hidden Treasures House of Moy Mound Lanes VFW #5113 BILLS ,APRIL 28, 1987 Computer Run dated ~/18/87 Computer Run dated q/23/87 Batch 87~0~1 Batch 87bOq2 71,570.05 4~,~31.77 Dock Refunds Kimler Roofing SuperAmerica Connie Stahlbusch Loren Koehnen Reroof fire sta March gasollne Reserve Expenses Plan Reviews 1,861.75 3,352.00 922.02 38.10 255.3q TOTAL BI LLS 122,b,31.03 7__ 0 Ltl P-i--P' N ,,~ -J n Ltl 1=4 hi 0 .I= ~ZZZZZZ~ZZ I I I I I I I I I I I I [ I I o o o o o * o o C' I I I I I I I I I ZZZ ZZZZ ZZZZ LU ~. >- Z J -'r' Z 0 n Ltl 0 ii. Z 0 s" O0 n., n.' 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Z D= 0 I- ra 75 YEARS CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, IVtN 55364 (612) 472-1155 April 16, 1987 TO: ED SHUKLE, CITY MANAGER FROM: JOHN NORMAN, FINANCE DIRECTOR RE: MARCH 1987 FINANCIAL REPORT e The first quarter installment of property and auto insurance from the League of Minnesota Cities Trust was paid in March. The first half of Workmen's Comp was also paid in March. WATER FUND - 28.2% of Budget $2,054 was spent on continuing cost in the Allied Painting lawsuit. These costs were not anticipated in the 1987 water fund expenditures budget. AREA FIRE SERVICE FUND Two vehicles (1957 International Pumper Truck and a 1966 Chevrolet Suburban Rescue Truck) were sold in March to the City of Remer' for $4,800. The 1966 rescue vehicle was expendable after the purchase of the new Chevrolet Rescue Vehicle earlier this year. The other truck was sold to help alleviate the storage space problem at the fire station. JN:ls IIq( CITY OF HOUND 1987 BUDGET REPORT MARCH 1987 25 ~ of Year BUDGET MARCH REVENUE YTD REVENUE VARIANCE PER CENT RECEIVED GENERAL FUND Taxes Intergovernmental Business Licenses Non-Business Licenses and Permits General Gov't Charges Court Fines Charges to Other Departments Other Revenue $975,893 771,057 13,000 lO8,100 33,300 94,0o0 20,870 57,500 TOTAL REVENUE $2,073,720 401 15,554 2,121 8,878 1,394 420 28,768 7,914 12,500 1,224 59,374 7,061 8,878 3,512 66~ 101~128 967,979 758,557 11,776 48,726 26,239 85,122 17,358 ~6,8~ 1~972~5~2 .8 54.9 21.2 9.4 16.8 1.2 LIQUOR FUND WATER FUND SEWER FUND $755,000 $3oo,ooo $565,0o0 51,800 22,400 48,432 153,274 65,572 142,125 601,726 234,428 422,875 20.3 21.9 25.2 lie7 BUDGET CITY OF MOUND 1987 BUDGET REPORT EXPENDITURES MARCH 1987 March EXPENSE YTD EXPENSE 25 ~ of Year UNEN- CUMBERED PER'CENT EXPENSE EXPENDED GENERAL FUND Councl]' ' $50,460 City Manager/Clerk 103,800 Elections 500 Assessing 46,170 Finance 128,880 Legal 83,750 Cable TV 1,490 Recycling 18,320 Police 610,850 Civil Defense 2,300 Plannlng/Inspection 102,120 Streets 385,170 Shop & Store 49,75o City Property 85,320 Parks 143,920 Commons Docks 54,100 Hound City Days 3,500 Contingencies 60,120 Transfers 145,200 1,384 8,207 7 620 9,971 8,143 223 1,131 68,318 189 10,186 34,681 4,772 3,755 5,451 1,307 971 7,631' 9,767 15,325 22,451 105 2,464 28,175 15,077 268 3,888 151,912 462 23,688 89,262 12,185 8,515 34,965 35,589 238 7,631 29,300 35,135 81,349 395 43,706 100,705 68,673 1,222 14,432 458,938 1,838 78,432 295,908 37.565 76.805 108,955 18,511 3,262 52,489 113,900 30.4 21.6 2t.o 5.3 21.9 18.0 18.0 21.2 24.4 14.9 23.2 23.2 24.5 10.0 24.3 65.8 6.8 12.7 2O.5 GENERAL FUND TOTAL ~2,073,720 175,714 481,500 1,592,220 23.2 Area Fire Service Fund $223,940 Liquor Fund $147,240 Water Fund $294,140 Sewer Fund $688'220 17,318 12,213 46,263 76,865' 89,762 134,178 30,344 116,'896 82,803 211,337 178,164 510,056 40.1 20.6 28.2 25.9 :-: <= ,. o ~E-8~ "'"o.= 5-- ............... ::i%iii:;!i;i!:!~ii:~:~::::':............................ ~:,.~, ,=, = o ~',-" = .o ~ ~. ~ .=_. ,~ ~ ~ =~ ~ ~ ,, : ::.:.:.:.:.....:.:.:.:.:.:... 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'- LMC Annual Conference June 9-12, 1987 Rochester, Minnesota "Visions [or Tomorrow" Those who care about shaping the "Visions for Tomorrow" for their city should plan on attending the LMC Annual Conference in Rochester, June 9-12, 1987. Appropriately, the confer- ence will be one of the first in Roches- ter's new dream building, the Mayor Civic Center. See for yourself why many have commented th. at this new civic center is more than they imagined. Noted faculty The League has invited a roster of distinguished speakers. Among them is Layne Longfellow who will speak on Friday after widely acclaimed presen- tations at the National League of Cities conference and the Minnesota Spring Institute for City and County Managers. I, ,oo Program format The Conference Planning Committee has taken great pains in identifying concerns that are of interest to cities of every size. There is something for everyone. The program includes sessions" and "issue institutes" throughout the three-and-a-half days of the conference. "Skill sessions" are participatory workshops which enable city officials to enhance specific leadership abilities and learn techniques which they can apply back home in their community. Exam- ples include: · Listening for effective leadership · Fostering innovation · Future setting · Teambuilding · Marketing your city (three sessions) · Serving your constituents (two sessions) · Streamlining council meetings "Issue institutes" provide up-to- date information on issues of impor- tance to cities. On the agenda are many topics related to economic development. · Impact of federal tax reform and the new EDA law · What makes sense for your city · Developing fledgling potential enterprises · Cooperative ventures · Consolidated approaches · Legislative update City officials wanting to focus on personnel concerns can attend sessions such as: · Recruiting/retaining volunteers · Early warning signs of employee dissatisfaction · Improving staff morale · Getting employees back to work Smaller city topics include: · How cities have solved practical problems (two sessions) · Improving the rural economy Those interested in professionalizing city government can pick from three sessions: · Elected clerk, appointed clerk, administrator, strong mayor? · Council-manager · Evaluating your city manager or clerk And finally, tirnely topics such as: · Reducing your city's liability exposure · Asset retention Short shots New this year will be "short shots." As the name implies, these will be short sessions of an hour each. Short shots are structured discussions on topics of special interest which stress practical experience. Topics include finding new revenue sources, working with unions, wastewater treatment, coping with mandates, preventing sex- ual harassment, planning for and Using cable TV, and an introduction to LMC. This last one should be of special interest to newly elected officials. Special Friday program A delicious finale breakfast will begin at 8:30 a.m. Following it will be what many consider the highlight of the conference. Layne Longfellow will offer a presentation that is both personally stimulating and professionally enrich- ing. Longfellow is a riveting speaker you can't afford to miss. We saved the best for last. Host city spectaculars Be sure to arrive early on Tuesday, June 9, to hear some tales of Lake Wobegon in one of Garrison Keillor's last performances. Then enjoy an unparalled taste treat as the "Choco- late Fantasy" is recreated under the stars in the breath-taking, glass- enclosed lobby of the new Mayo Civic. Center. Don't plan on going to bed early on Wednesday. There will be over 30 entertainment events occurring inside the civic center, to keep you up. Thursday evening's entertainment focuses on the Rochester Civic Orches- tra performing while you dine at the LMC banquet. Envision Rochester in June Begin your "Visions for Tomorrow" by seeing yourself at the LMC Confer- ence this June. From the Tuesday evening kickoff through the special Fri- day finale, Rochester has something for everyone. Through it all you can mar- vel at the new Mayo Civic Center which will host this gala event. If you care about the future of your city, make plans today. · Welcome to Rochester ~pecial Events for Spouses and Children Complimentary tickets for golf, tennis, swimming, and the recrea- tion center wLll be available at the Rochester City Desk (in the regis- tration area) throughout the conference. Tuesday, June. 9 Golf Tournament, Solc~er's Field Golf Course 1:oo p.m. Wednesday, June 10 7:30-8:30 a.m. Eye-Opener ofCOffee and rolls on the Mezzanine ahler Hotel) Compliments of the city Rochester. 10:30 a.m. Plummet House and Mayowood Tour Buses leave main entrance of the Mayo Civic Center for Plummer House and Mayowood tours. Enjoy the historic homes of Drs. Charles Mayo and Henry Plummet. Wine and assorted cheese will be served. 12:30 p.m. Shopping Buses w~l depart from the historic homes tour for optional lunch and/or shopping at Apache Mall. Over 90 stores are waiting to serve you. · 3:00 p.m. Buses will leave Apache Mall and return you to the Kahler Hotel. Thursday, June 11 8:30-9:30 a.m. Eye,Opener (Coffee and rolls on the Mezzanine, Kahler Hotel) Compliments of the city of Rochester. 12:00 noon Luncheon Enjoy lunch in Heritage Hall, Kahler Hotel. Musical entertainment, dbor prizes. Speaker: State Senator, Nancy Brataas. Don't m/ss this opportunity to mix and mingle with the added bonus of hearing an excellent speaker and enjoying a delightful luncheon. Children's Activities Thursday, June 11 10:30 a.m.-3i00 p.m. Mini bus will depart from the west entrance of the Kahler Hotel for the Rec Center. Gym activities and ice skating (skate rentals available) unt~ 12:00 noon. Then on to Shakey's Pizza for lunch and entertainment. Back to the Rec Center for swimming Coring your suit) and return to the Kahler by 3:00 p.m. SPOUSE AND CHILDREN'S ACTIVITIES REGISTRATION FORM Tuesday, June 9 -- Golf Tournament Wednesday, June 10.Tours/ Shipping Advance Registration -- $5.00 Thursday, June 11 t Luncheon Advance Registration -- $10.00 Children's Activities -- $3.00 Name Address City Zip Please check one: include number of persons participating Yes # persons ~ Yes # persons Yes # persons , Yes # persons Mail form and advance fees to: Sue Norris, Room 200 City Hall, Rochester, MN 55902 Checks are payable to: Mayor's Contingency Fund 1,,!.ol LMC Annual Conference Preliminary program schedule Tuesday, June 9 LMC Board of Directors meeting 1:00-4:00 p.m. Special Kickoff Program 7:00-9:00 p.m. _. Garrison Keillor (Host o[ pubiic radio's "A Prain'e Home Companion") "Chocolate Fantasy" reception 9:00 p.m. Wednesday, June 10 Opening session 9:00-10:00 a.m. Concurrent sessions I (Choose one) SKILL SESSION: ORGANIZA- TIONAL SKILLS Future Setting 10:15 a.m.-12 noon SKILL SESSION: LEADERSHIP Listening £or Effective Leadership 10:15 a.m.-12 noon ISSUE INSTITUTE: ECONOMIC DEVELOPMENT Economic Development Tools -- An Update 10:15 a.m.-12 noon ISSUE INSTITUTE: PERSONNEL Recruiting/Retaining Volunteers 10:15 a.m.-12 noon ISSUE INSTITUTE: TIMELY TOPIC Reducing Your City's Liability Exposure 10:15 a.m.-12 noon Exhibitor's lunch 12:00-1:30 p.m. Concurrent sessions H '(Choose one) SKILL SESSION: ORGANIZA- TIONAL SKILLS .Tearabuilding 1:30-3:15 p.m. SKILL SESSION: LEADERSHIP Fostering Innovation in Your City 1:30-3:15 p.m. ISSUE INSTITUTE: ECONOMIC DEVELOPMENT What Makes Sense For Your City? 1:30-3:15 p.m. ISSUE INSTITUTE: PERSONNEL Appropriate Personnel Procedures inPublic Safety Departments 1:30-3:15 p.m. ISSUE INSTITUTE: TIMELY TOPIC Asset Retention -- How to Plan [or Repair, Replacement, and Maintenance o[ Irdras~c~e 1:30-3:15 p.m. ISSUE INSTITUTE: TIMELY TOPIC Legislative Update 1:30.3:15 p.m. Short shots (city strategies for practical problem solving) Finding new revenue sources 3:25-4:25 p.m. Working with unions 3:25-4:25 p.m. Waste water ~reatment and facility construction 3:25-4:25 p.m. Coping with mandates 3:25-4:25 p.m. Preventing sexual harassment 3:25-4.25 p.m. Planning for and using cable TV 3:25-4:25 p.m. LMC policy committee meetings Development Strategies 3:25-4:25 p.m. General Legislation and Personnel 3:354:25 p.m. Exhibitors' open house 4:30-5:00 p.m. City night Evening Thursday, June 11 LMC policy committee meetings Revenue Sources 8:30-9:30 a.m. Elections ~md Ethics 8:30-9:30 p.m. Land Use, Enwronment, Energy, and Transportation 8:30-9:30 a.m. ~l~oncurrent sessions III (choose one} SKILL SESSION: INFLUENCE SKILLS Marketin~ Your City -- Overview 9:30-10:45 SKILL SESSION: LEADERSHIP ServinE Your Constituents -- Patti 9:30-10:45 a.m. ISSUE INSTITUTE: PROFESSION- ALIZING CITY GOVERNMENT Optional City Structures -- Patti 9:30.10:45 a.m. ISSUE INSTITUTE: PERSONNEL ]floyewaming Signs °£ e Dissatisfaction ' 9:30-10:45 a.m. ISSUE INSTITUTE: ESPECIALLY FOR SMALL CITIES How Cities Have Solved Practical Problems - Part I 9:30.10:45 a.m. ISSUE INSTITUTE: ECONOMIC DEVELOPMENT - Economic Development Im'tJatives -- Developiag Fledgling/Potential Enterprises 9:3O-lO:45 a.m. Concurrent sessions IV (choose one) gKILL SESSION: INFLUENCE SKILLS Marketing- International Strategies 11:00.12:30 p.m. SKILL SESSION: LEADERSHIP Serving Your Constituents -- Par-tH 11:oo-12:3o p.m. ISSUE INSTITUTE: PROFESSION- · ALIZING CITY GOVERNMENT Optional City Structures -- Part II, Council-Manager 11:00 a.rn.-l~-:30 p.m. ISSUE INSTITUTE: PERSONNEL Improving St~ff Morale 11:oo-12:3o p.m. ISSUE INSTITUTE: ESPECIALLY FOR SMALL CITIES How Cities Have Solved Practical Problems -- Part fi 11:00 a.m.-12:30 p.m. ISSUE INSTITUTE: ECONOMIC DEVELOPMENT Economic Development Initiatives -- Cooperative Ventures, Consolidated Approaches 11:00 a.m.-12:30 p.m. Mayor's Association/ Mini Conference Lunch 12:30-2:00 p.m. Concurrent sessions V (choose one) SKILL SESSION: INFLUENCE SKILLS Marketing- External Strategies (Enhancing communications with the public) 2:30.3:45 p.m. SKILL SESSION: LEADERSHIP Stre~ Council Meetings. 2:30.3:45 p.m. ISSUE INSTITUTE: PROFESSION- ALIZING CITY GOVERNMENT ' Evaluating Your City Manager or Clerk 2:30.3:45 p.m. ISSUE INSTITUTE: PERSONNEL Getting Empbyees Back to Work 2:30.3:45 p.m. ISSUE INSTITUTE: ESPECIALLY FOR SMALL CITIES Improving ~e Rural Economy 2:30-3:45 p.m. League annual meeting 4:00-5:00 p.m. IMC reception/banquet 6:30-9:00 p.m. Break 10:45-11:00 a.m. /&oS Friday, June 12 Finale breakfast (coffee & rolls) 8:30-9:00 a.m. General session 9:00-10:30 a.m. Layne Longfellow (Psychologist, lbcturer, and consultan- ton leadership and productivity) Visions £or Tomorrow 1987 League of Minnesota Cities Annual Conference 1987 LMC ANNUAL CONFE NCE HOUSING }USING INFORMATION Kahler Hotel, 20 Second Ave. N.W ................. Holiday Inn Downtown, 220 South Broadway ........ Midway Motor Lodge, 1517 16th Street S.W ......... Ramada Inn, 1625 South Broadway ................. Holiday Inn South, 1630 South Broadway ............ NOTE: The Kahler Hotel is the Headquarters Hotel. FLAT RATE $59.00 $55.00 SINGLE DOUBLE $44.00 $52.00 + 5.00 Poolside $42.00 $44.oo $40.00 $47.00 +9.00 Poolside EARLY BIRD SPECIAL For member city officials only. The Kahler Hotel, Holiday Inn Downtown, Midway Motor Lodge, Ramada Inn, and Holiday Inn South will each provide one complimentary weekend for two at their facilities, excluding meals, as an early bird special prize. Only delegates sending in their housing registration form by May 1, 1987 will be eligible. The winner must pay the room tax and all incidental charges. IMPORTANT INSTRUCTIONS Rooms w~l be reserved on a first-come, first-served basis. The earlier you make your reservations, the better the chance you will have of getting your first choice hotel. The hotels will hold room blocks only until May 29, 1987, after which regular room rates will be in effect on an as available basis. A deposit equal to one night's lodging per room must accompany this housing form. Credit card preferred. Checks must be payable to LMC Housing. You will receive an acknowledgement of your reservation from the assigned hotel. All changes in reservations or cancellations must be made through the Housing Bureau in writing. ;lNG RESERVATION Name: Title: City or Organization: Address: City: State: Zip: Arrival Date: Arrival Time: Departure Date: Hotel Preference First: Second: Third: Special Requirements: Names of All Occupants:' Do you wish to guarantee payment for arrival after 6:00 p.m.? Yes ~ No ~ Enclosed is deposit equal to one night's lodging per room. · (Credit Card Preferred) League of Minnesota Cities Housing Bureau Rochester Convention & Visitors Bureau 220 South Broadway, Suite 100 Rochester, MN 55904 Pam Wilson IF PAYING BY CHECK MAKE PAYABLE TO: LMC HOUSING Credit Card Preferred Credit Card Company Card Number Expiration Date The LMC Housing Bureau is authorized to use the above card to guarantee my hotel reservations reserved by me. I understand that one night's room will be billed through this card if I fail to show up for my assigned housing ~n the confirmed date unless I have cancelled my reservations with the hotel at least 24 hours in advance. Ca.-dl~,der s*gnatu~e Date 1987 LMC ANNUAL CONFERENCE REGISTRATION FORM GENERAL DELEGATE REGISTRATION JUNE 9-12, 1987 number Advance registration (before June 5) ....................... $130.00 Registration at Conference ............................... $155.00 total Registration fee includes badge, admission to all general sessions/workshops, and tickets for meal functions on the general program: Wednesday and Thursday coffee in exhibit area. Wednesday and Thursday lunch. Thursday banquet. Friday coffee and rolls. This registration DOES... REPEAT .... DOES... INCLUDE MAYORS~MINI CONFERENCE LUNCHEON on Thursday. T/us is a change fi'om previous years. If your spouse attends, that registration is complimentary, but you must purchase meal tickets for your spouse. You may do so in the EXTRA CONFERENCE MEAL TICKETS section below, ff you pre-register you'll receive a postcard acknowledgement to be presented at the advance registration desk to facilitate speedy registration. City: Contact Person: P R I N T Fuji Nme NicJamme Title (e.g. WilUim) (e.I. Bm) MINI-CONFERENCE REGISTRATION THURSDAY, JUNE 11 Daytime Telephone # A.C. total number Advance registration (before June 5) ........................ $60.00 Registration at Conference ................................ $70.00 Mini-Conference registration fee includes badge, registration, coffee, and luncheon. If you pre-register, you will receive a postcard acknowledgement to be presented at the prepaid registration desk to facilitate speedy registration. Mini-Conference delegates who plan to attend the Thursday banquet should purchase tickets below. Reghtered delegates to the General Conference are welcome to attend Mini-Conference sessions and do not need to purchase spec~ registrations. City: Contact Person: P L E A S E P R I N T Da.v~drae Telephone # A.C. Full Name ITr. kname Title Spouse (e.g. W~lliam) (e.g. BilD EXTRA CONFERENCE MEAL TICKETS Order extra meal tickets below. Be sure to indicate the name of the person(s) for whom you order the tickets, or the name of the delegate who should receive the extra tickets. Spouses' complimentary registration does not include m~al tickets. Order below. Mini-Conference registration does not include any meals except the Thursday luncheon. Number Total Luncheon Wednesday ............................................ $ 8.00 for whom Mayors' LuncheoniMini-Conference Luncheon Thursday ............... $11.25 for whom Banquet Thursday ............................................... $21.75 for whom TOTAL ADVANCE REGISTRATION $ Send registration and payment to Gayle Brodt, League of Minnesota Cities, 183 University Ave. East, St. Paul, ~'vLN 55101. Make checks payable to: League of Minnesota Cities RATE CHANGE N(~FICE AT&T Ccm~nunicatlons of the Midwest, Inc. ("AT&T") has filed a Petition to restructure its rates for interexchange services in Minnesota. This filing. has been assigned to Docket No. P-442/M-87-54, and is made in compliance with the following Minnesota Public Utilities Cc~nission 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 Co,,,ission Investigation into the Provision of and Billing of Wide Area Telecommunications Service (~ATS). This filing represents a restructuring of the long distance service schedule, price increases in Channel Services, and an overall ~eduction in WATS prices. The results of Docket No. P-421/CI-85-352, where Northwestern Bell lowered the per minute price of WATS access it charged to AT&T, allow this reduction in prices. Examples of AT&T's present rates and the proposed restructured rates for WATS, and Channel Services are shown below. Five Minute MTS Calls: Mile Band 1-20 miles (Short Haul) Present Rate: $0.56 Day .38 Evening (32% Discount) .28 Night/Weekend (50% Discount) Proposed Rate: $1.12 Day .72 Evening (35% Discount) .6l Night/Weekend (45% Discount) Mile Band 101-124 miles (Medi~ Haul) Present Rate: $2.05 Day 1.39 Evening. (32% Discount) 1.02 Night/Weokend (50% Discount) Proposed Rate: $2.02 Day 1.31 Evening (35% Discount) 1.11 Night/Weekend (45% Discount) Mile Band 197-475 miles (r~ong Haul) Present Rate: $2.83 Day 1.92 Evening (32% Discount) 1.41 Night/Weekend (50% Discount) Proposed Rate: $2.47 Day 1.60 Evening (35% Discount) 1.35 Night/Weekend (45% Discount) Wide Area Telephone Service (k%TS) at 30 hours of use per month AT&T Outward WATS Present Rate: Proposed Rate: $450.00 per month 348.00 per month AT&T 800 Service: Present Rate: Proposed Rate: AT&T Two-Way WATS Present Rate: Proposed Rate: $502.50 per month 377.25 per month $552.75 per month 411.00 per month AT&T Channel Services: Local Channel~-- Series 2000 Voice Grade Present Rate: Proposed Rate: Series 3000 Data Grade Present Rate: Proposed Rate: $ 12.90 per month 121.50 per month $ 19.75 per month 121.50 per month - Interexchange Mileage (Voice and Data) Present Rate'@ 60 miles $286.65 Proposed Rate @ 60 miles: 209.90 Present Rate @ 200 miles: Proposed Rate @ 200 miles: $706.65 454.90 Nonrecurring Channel Connection Charge: Present Rate Voice Grade: $196.20 Proposed Rate Voice Grade: 532.80 Present Rate Data Grade: Proposed Rate Data Grade: $236.50 532.80 AT&T is not proposing an overall revenue increase. On March 30, 1987, the Minnesota Public Utilities C~ission ("M~]C#) issued its Order accepting the filing and ordering a ~)ntested case hearing, on the matter. The hearing.will commence with a Preheating Conference to be held at 9:30 a.m. on April 23, 1987, in the Large Hearing. Ro~, 715 American Center Building, 160 East Kellogg Boulevard, St. Paul, Minnesota 55101. ~earing dates for public and evidentiary hearings will be. set by Order of Administrative Law Judge Richard DeIx)ng, to whom the case has been assigned. A Noticeof the public and evidentiary hearings will be published at a later date. The MPUC's March 30 Order autho~.]zes AT&T to put- interim Fates into effect to reflect a $4.543 million reduction frcm current cares, to be applied solely to WATS rates. WATS rates will therefore be restr~Jctu~ as follows: (more) Full Time Service.. AT&T Outward WATS Present Rate: Interim Rate: $974.00 per month $849.85 per month AT&T 800 Service: Present Rate: Interim Rate: $869.00 per month $758,25 per month Tapered Service~ Hour Groups 0-15 15-40 40-80 Over 80 AT&TWATS Present Rates: $15.25 Interim Rates: 13.30 $14.75 $13.75 $11.75 12.85 12.00. 10.25 AT&T 800 Service Present Rates: $17.00 Interim Rates: 14.85 $16.50 $15.50 $14.00 14.40 13.50 12.20 Two-Way WATS Present Rates: $18.70 Interim Rates: 16.30 $18.15 $17.05 $15.95 15.85 14.90 13.90 The effective date of the above interim rates is May 1, 1987. A copy of the company's requested restructured rates is on file and is open to public inspection during normal business hours at the offices of the Minnesota Department of Public Service, 790 American Center Building, 160 East Kellogg Boulevard, St. Paul, Minnesota. A copy is also available for public inspection at the company's office located at 8300 Norman Center Drive, 9th Floor, Blocmington, Minnesota. AT&T ~[~ICATIONS OF THE M[DWEST, INC. BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Barbara Beerhalter Harry Seymour Crump Cynthia A. Kitlinski Robert J. O'Keefe Darrel L. Peterson Chair Commiss~.oner Commissioner Co~issioner Commissioner In the Matter of A Request By AT&T Communications of the Midwest, Inc. to Change Its Rates for Telephone Service Offered Within the State of Minnesota ISSUE DATE: MAR 3 0 1987 Docket No. P-442/M-87-S4 ORDER ACCEPTING FILING AND SUSPENDING RATES, NOTICE AND ORDER FOR HEARING, AND ORDER SETTING INTERIM RATES BACKGROUND AND PROCEDURAL HISTORY On January 30, 1987, AT&T Communications of the Midwest (AT&T/MW or the Company) gave notice to the Minnesota Public Utilities Commission (the Commission), pursuant to Minn. Stat. § 237.075, of a change in rates for [nterexchange telephone service furnished to customers within the State of Minnesota. In its notice of rate change, AT&T/MW proposed a $4.543 million overall decrease in rates (with some rates increasing and others decreasing). AT&T/HW's proposed revenue decrease was based upon a proposed rate base of $19.2 million and an overall rate of retut-n of 12.60% and a 15.O0% return on equity. AT&T/MW requested that the proposed rates become effective on April 1, 1987. AT&T/MW's notice of rate change was filed in combination with two compliance filings from previous AT&T/MW proceedings before the Commission: Docket Nos. P-442/M-85-408 and 583 required the filing of significant amounts of financial, cost and contribution data.. Docket Nos. P-a42, P-421/CI-84-454 and P-442/M-84-579 required a filing setting forth proposed WATS rates, in response to any significant change in access charges (in this instance, rate changes are in response to NWB's final access tariff in Docket P-421/M-85-352). AT&T/MW's proposed rate changes included a decrease in intrastate WATS and 800 rates; increases and decreases in Messag~ Toll Service (MTS), depending upon the mileage; increases, decreases and proposals to discontinue some services in Channel Services, includin~ an increase for TELPAK and the proposal that after six months it be discontinued; and a proposal that the community calling plan and the circle rate break plan be discontinued. AT&T/MW also requested that the Commission authorize an immediate flow-through of any increase in Continental Telephone Company's access charges that may result from the Commission's decision in Docket No. P-407/M-86-642. On ~eb~]ary 4, 1987, the Commission sJnt a letter to interested persons requesti[%~ comments on the AT6T/MW filing. Interested persons were asked rejected, suspended, o= subjected to further [nvest[§at[on. -' Fiv~ interested persons responded tc the Commission's letter. The Department of ~ubl[c Service (the DPS) recommen4ed [hat the Commission allow the rates to 5o into effect pe~dinS an investigation an¢ that a hearinsmay become necessary as a result of the invest[sat[on. The D?$ also recommende4 that AT&T/~s ~equest £o~ an automatic flow-through o~ access charse increases be rejected. The Department of Administration (the DOA) recommended that the Commission accept AT&T/MW's WATS proposal without delay, set the channel services portions of the filins for contested case hearinS and suspend the rates. The DOA stated that if the TELPAK rates were accepted, the DOA would incur an annual two million dollar increase in expenses. The DOA said that this was an amount which had not been budgeted for nor had DOA been prepared for it. The Hinnesota Business Utility Users Council (the HBUUC) recommended that the Commission accept the WATS rates but subject the proposal to further investisatlon. The HBUUC arsued that the reasonableness of the private line and ETS rates should be set for contested case hearins. US Sprint recommended that the rates be suspended pendins further investigation. It had no position on a contested case hearins. The Attorney General's Office, Residential Utilities Division recommended that the Commission allow the rates to 5o into effect subject to further investisation and that no contetsed case be held unless the investisation warrants one. The Commission also received numerous letters from educational orsanizations which use channel services and would be affected by AT&T/Iil4's proposed increases in those se~vlces. Amons them was a letter from the Southwest/~est Central Educational Cooperative Se=vice Unit (ECSU). This or$anization provides manasement data processin~ services to 85 public school districts, in Southwest Einnesota. Accordin& to the ECSU, the proposed tariff would increase the data transmission costs of the southwest district 75~ or $35,000 per year. The letter also stated that this increase would be repeated in the four other outstate resions. ECSU requested that the Commission hold hearin$s on the tariff. COMMISSION FINDINGS AND CONCLUSIONS AT&T/HW's rate chanse notice is the first filins of a "dominant carrier" to. come before the Commission under the procedures set out in the Commission's final order in its intrastate intercity telecommunications invest[sation (Findinss of Fact, Conclusions of Law and Order, Docket No. P-~a2, P-aa3, p-aaa, P-a21, P-a33/NA-Sa-212, issued on October 15, 1985, referred to hereinafter as the "212" Order). AT&T/IiW's rate chanie notice is also the first time in recent Commission memory that a companF has requested an overall rate decrease, Both of these facts make AT&T/~'s f[lin$ out of the ordinary. As such, the filin& requires careful consideration by the Commission. In the "212" Order, the Commission authorized competition in both the in~.raLATA and interLATA long distance markets in Minnesota. Regulatory review procedures were set up such that the more dominant carriers (those with ~ueat~r market powa& -- as discussed in ~he "212" Order, Noc~.hweste~ Bell Telephone Co,~0~ny and AT&T/I~ fall into this category). could file rate change~ to be e~fectivt in 21 day~, ir a rate decrease; 60 days, if a rate increase. The proposed rate chan~es would be reviewed under the Commission's existing miscellaneous rate change process. Under the Commission's miscellaneous rate change process, as described in the "212" Order, the Commission would review rate chan~es within the 21 or 60 day period to determine whether the new rates may be accepted, or must be rejected or subjected to further investigation. Because AT&T/H~'s filing contained proposals for rate increases and because AT&T/~ requested a 60 day effective date, the Commission has reviewed the rates under the 60 day time period. Under the procedures established in the "212" Order, "if the new rates appear unreasonable or discriminatory on their face, the Commission can either suspend or reject the tariff. If the Commission chooses to suspend and investigate the tariff, a hearing on the matter is likely to be ordered. Even where a new rate appears reasonable and nondiscriminatory on its face, the Commission may order further investigation while allowing the new rate to go into effect." ("212" Order at page 20.) The Commission said in its "212" Order that this process recognizes that all questions regarding the new rates may not be resolved within the 21 or 60 day time period, but that a basic determination of how to proceed can be made. The Commission finds that all questions_regarding the rate changes proposed by AT&T/MW cannot be resolved within the 60 day time period. Further investigation and a contested case proceeding is required to determine the reasonableness of the rates being proposed. A contested case proceeding is required for several reasons. First, the Commission finds that several of the individual rate change proposals are of such significance as to generate dispute among the interested persons who filed comments. Second, the Commission is concerned about several unresolved financial issues. These include the following: the significant change proposed in uncollectible expense ($4.6 million dollars, a 608~ increase over previous figures), whether elements of the 1986 Tax Reform Act, Public Law Number 99-51~, have been interpreted appropriately for ratemaking (AT&T/IiW based its tax calculations on the 40% blended rate, rather than the 3~% rate which will be effective July l, 1987), and expense allocations, advertising, cash working capital and litigation expense to name a few. Third, the Commission is concerned with AT&T/H~'s proposed rate of return and the proposal that the Commission adopt a range of rates of return around the best point estimate established by the Commission. A contested case hearing will also give the Commission and interested persons the opportunity to conduct a comprehensive review of AT&T/I~4. AT&T/IiW has never had a general rate case before the Commission. Past proceedings involving AT&T/~%~ were of a limited nature and only permitted a cursory review of the Company's books and records. The Commission finds that AT&T/MW's proposed rate chan§e filfn is sufficiently complete to begin an investigatlqn of the reasonableness of the requested change {n rates pursuant to Minn. Stat. ~ 237.075 (1986). The Commission will accept the filing as a rate chanK- unde~ Minn. Stat. S 237.075 (1986). The Commission will suspend AT&T/HW's proposed rate chan~es as filed on January 30, 1987 for a per{od o~ ten months ~rom the f{l{n~ date while an investigation into the reasonableness of the rates is conducted. Because .of the significance and potential impact of the rate changes proposed in the Company's filing, the Commission concludes that it is in the public interest to suspend the proposed rates. ~inn. Stat. ~ 237.075, subd. 2 (1986) authorizes the Commission to determine all questions of reasonableness of the proposed rates before it. If the Commission cannot resolve all significant issues to its satisfaction, the statute directs the Commission to refer the matter to the Office of Administrative HearinSs to conduct a public hearing and a contested case pursuant to Minn. Stat. Chapter l~. Pursuant to Minn. Stat. ~ 237.075 subd.la (1986), a contested case hearins may become unnecessary if the applicant and all interested parties agree to a stipulated settlement of the case and the settlement is supported by substantial evidence. In that event, the stipulated settlement shall be referred to the Commission who shall accept or reject the settlement in its entirety. If the Commission rejects the settlement, a contested case hearins will be held. The Commission finds that it cannot resolve all questions of reasonableness of the proposed rates to its satisfaction and that a contested case hearins is necessary to determine whether the proposed rates are ~ust and reasonable or would result in excessive and unreasonable earnin~s for the Company. Pursuant to the authority in Minn. Stat. ~ 23?.0?5 (1986), the Oommission will order that a contested case hearin~ be scheduled in this matter. The hearin~ shall be conducted in such a manner that the Commission may issue its initial decision within ten months of January 30, 1987, or if a stipulated settlement is filed with the Commission, within twelve months of January 30, ~987. The Commission must set interim rates when it has suspended the proposed rate change filing. Minn. Stat. ~ 237.075, subd. 3 (1986). Interim rates are to be based upon the Company's proposed rate base and operatin~ income statement, including items the same nature and kind as those allowed in the Company's most recent rate case. The Commission has not applied this interim rate law to a decrease before this case. In addition, AT&T/MW has never had a general rate case before the Commission so no previously Commission approved rate base, income statement and rate of return on equity exist for AT&T/MW. However, the Commission finds that the rate base and income statement include items the same nature and kind as those reviewed by the Commission and used to set rates in Docket No. P-~42/M-85-~08 and P-~2/M-85-583. These two dockets were a consolidated proceeding to examine proposed chan~es in operator services, credit card surcharges, and evening, night and weekend long distance rates. The proceeding was not a ~enera~ rate case; no rate base and income statement was approved by the Commission, and no rate of return on equity or overall rate of return was adopted. The Commission finds that interim rates should reflect the reduced costs in the Company's filing but that further adjustments should not be made because the statute provides no means such as surcharge to restore the funds to the Company at the end of the case if the Company proves its case. Therefore, the Commission will set the interim revanue re,~-~icement to reflect a $~.543 million re,tuction from current rates. The Commission finds that exigent circumstances exist to warrant the use of AT&T/MW's proposed rate of return for the purposes of settin~ interim rates. There are two exigent circumstances. The first is that AT&T/H~ does not have a previously approved rate of return because it has never filed a general rate case before the Commission. Second, no company with characteristics similar to AT&T/M~ has come before the Commission for a $eneral rate adjustment. Thus, the Commission cannot use the rate of return on equity for a similar company to apply to AT&TH~. MLnn. Stat. S 237.075, subd. 3 (1986) also provides that the interim rate design should not be changed from present rates. A~ain, the Commission has not been calle~ upon to apply this in the case of a decrease. Here, much of the decreased costs are due to reductions in WATS llne access charges, which AT&T/H~was previously ordered to flow through to WATS customers. Additional proposed decreases in WATS and other services are made possible by offsetting rate increases. These latter increases and decreases reflect changes in rate design. In order to implement the WATS compliance filing and to avoid further chan~es in rate desi§n until the end of this case, the Commission will direct that AT&T/H~ apply any reduction in the interim revenue requirement to WATS rates. While the contested case proceeding is being conducted and during the suspensidn of the proposed rates, the Commission will authorize the Company to collect interim rates such that ratepayers may receive the benefit of the proposed overall revenue decrease and the Company is not burdened. The Commission will order that interim rates be set such that AT&T/HW's WATS rates are reduced by $4.543 million and all other services remain priced and structured at current, not proposed, levels and design. The Commission finds that this interim rate schedule complies with the requirements of Minn. Stat. S 237.075, subd. 3. The interim rate schedule affords the Company the opportunity to generate its proposed revenue requirement without subjectins the Company to excess loss of revenues during the period rates are suspended. PROCEDURAL OUTLINE The public and evidentiary hearlnis on the Company's petition will be conducted by an Administrative Law Judge appointed by the Chief Administrative Law Judge of the State of Minnesota and will be held in compliance with the applicable laws relating to the Public Utilities Commission, the contested case provisions of the Administrative Procedure Act (Minn. Stat. Ch. 14), the Rules o the Office of Administrative Hearings, Minnesota Rules, parts 1400.5100 - 1400.8400, and the Rules of Practice of the Public Utilities Commission, Minnesota Rules,,parts 7630.0100 - 7830.4400, to the extent that they have not been superseded by the Rules of the 0~ice of Admlnlstcat~ve Heac~ngs. These statutes and rules may be purchased from the Documents Section of the Department of Administration, 117 University Avenue, Sro Paul, Minnesota 55155, 612/297-3000. The rules provide generally for the procedural rights of the parties includin$: rights to advance notice of witnesses and evidence, right to a prehearin~ conference, rights to present evidence and cross examine witnesses, and rights to purchase a record or transcript. Parties are entitled to issuance of subpoenas to compel witnesses to attend and produce documents and other evidence pursuant to Minnesota Rules, part 1400.7000. Interested persons or groups may petition to intervene as formml parties in the case to present expert testimony and submit briefs. The Administrative Law Judge will hold evidentiary hearings for the presentation of expert testimony by the Company, the Minnesota Department of Public Service, and other agencies, persons, or groups who have formally intervened. Parties are advised to bring to the hearing all documents, records and witnesses they need to support their position. During the evidentiary hearings, all parties may present evidence and argument re~arding the issues and may cross-examine witnesses. Any person intendi~ to intervene as a formal party to these hearings must submit a Petition for Leave to Intervene to the Administrative Law Judge and serve the petition on all exlstin~ patties. The petition must state how the Petitioner's legal rights, duties or privileges may be determined or affected by the Commission's decision in the matter and shall set forth the ~rounds and purposes for which intervention is sought, and shall ~ndicate the Petitioner's statutory right to intervene, ~f one exists. All parties have the right to be represented by an attorney, by themselves, or by a person of their choice if not otherwise prohibited as the unauthorized practice of law. A Notice of Appearance (ATTACHMENT A) must be filed with the Administrative Law Judge within 20 days of the date of service of this Order if. any party intends to appear at the hearing. The Notice of Appearance is not required if the hearin~ date is less than 20 days from the issuance of this Order. The time, date, and place of the contested case hearing shall be set by order of ihe Administrative Law Judge after consultation with the Commission and intervening parties. Unless approved by the Chief Administrative Law Judge, the contested case hearings shall not be scheduled to begin less than 30 days from service of this Notice and Order for Hearing. The Chief Administrative Law Judge may shorten the 30 day period if shown that a shorter time is in the public interest and that interested persons are not likely to be prejudiced by this action. A preheating conference shall be held at 9:30 a.m. on April 23, 1987, in the Lar§e Hearing Room, 715 American Center Building, 150 East Boulevard, St. Paul, Minnesota 55101. Potential interveno=s shall attend the preheating conference with information which will facilitate the I.I..15 schedulin~ of hearings pecmittin$ all of the parties to present their evidentiary views in a manner and within a time frame which would be as fair and expeditious as possible. Hatters which may be discussed include: the reasonable time period required to prepare direct testimony for ~ilin~ on all issues; recommended locations for hearings to receive public input re~ardin~ the petition; time required for parties to prepare for depositions and other discovery; and other matters that will facilitate full and fair hearings on the petition. If persons have ~ood reason for requestin~ a delay of any hearing, the request must be made in w~itin~ to the Administrative Law Judge at least five days prior to the hearing. A copy of the request must be served on the Commission and all parties. Failure by the petitioner to appear at the hearin§ may result in the rate chan~e bein~ denied. If no interested person appears and contests the proposed rate chan~e at the hearing, the rates may be approved as proposed. Followin~ the congested case hearing, the Commission may approve any or all of the proposed rates. The Commission may adjust rates for classes of customers to levels ~reater than those proposed by the Company and make other rate adjustments. Parties are advised that if data classified as not public are admitted into evidence, they may become public data unless a party objects and asks for relief under Hinn. Stat. S 14.60, subd. 2 (1984). Any question conce=nin~ infotmml disposition of this matter pursuant to Hinnesota Rules, part 1400.5900 or discovery of information pursuant to Hinnesota Rules, parts 1400.6700 and 1400.6800, should be addressed to Karl Sonneman, Special Assistant Atto=ney General, 780 American Center Building, St. Paul, Hinnesota 55101, 612/296-0410. All other questions conce=nin~ this hearin~ should be addressed to the Administrative Law Judge assigned: Richard DeLon~ Office of Administrative Hearings 400 Summit Bank Buildin~ 310 South 4th Avenue Hinneapolis, Hinnesota 55~15 612/341-7604 The lobbyin~ provisions of Hinn. 'Stat. Chapter IOA apply to general rate cases. ~f the document that a person files pertains to ratemakin~, ~ulemakln~, certificates of need for large energy facilities or contested case cate proceedings, the person may be required to re~ister with the Hinnesota Ethical Practices Board under the lobbyin~ provisions of Hinn. Stat. Ch. 10A. Lobbyin~ includes attemptin~ to influence administrative action in rulemakin~ proceedin§s, certificate of need cases or contested ratemakin~ cases. An individual who is en~a&ed for pay or authorized by anotheu individual or association to spend money and who spends more than ~ive hours in any month or more than $250 in a year to influence admi~i~trative action must re~ister with the 8o~d and ~eport, for obb¥ ns pu pos s nclud ns pceparat on and distribution of lobbyin~ materials, telephone, postaze, media-. ~dvert[s{n~ travel and lodging. The statute provides certain ~empti. ons, includin$ an exception applicable to expert witnesses deliveri~ testimony. Persons are encouraged to telephon- the Board at &12/296-1720 for' additional informat{on. ORDER The notice_of rate change as filed by AT&T Con~unications of the Midwest, Inc. on January 30, 1987 is accepted. The operation of the proposed schedule of rates is suspended until the Commission reaches a determination as to Whether the rates are just and reasonable or until November 30, 1987, whichever occurs first. A contested case hearing concerninz this matter shall be held commencin§ with a Prehearin~ Conference at 9:30 am, on April 23, 1987 in the Large Hearin~ Room, ?15 American Center Building, 150 East Kello~ Boulevard, St. Paul, Minnesota 55101. Hearin~ dates will be set by=Order of the Administrative Law Judge. AT&T Communications of the Midwest, Inc. is hereby authorized interim rates to reflect a reduction in annual revenues of $~,5~3,O00. Within 10 days of the service date of this Order, the Company shall file with the Commission and the Department of Public Service, interim tariff sheets reflectln~ the decisions herein and indicatinz an effective date' for the new rates. This Order shall be served on the Company who shall mail copies of the same to all municipalities and counties in its service area and to such other persons as the Department of Public Service may request. 6. Public Hearinss shall be held at locations within the service area of the Company. 7. The Department of Public Service shall conduct an investigation to determine the reasonableness of the proposed change in rates. o Information requests may be issued by the Department of Public Service and any other party when requestinz supplemental information. Such requests shall be answered by the Company or other party within lO days of receipt of the request· 9..'.The Company shall ~ive written not[ce, as approved by the Commission, of the proposed chan&e in rates to the ~overnin§ body of each municipality and county in the areas affected and shall submit an affidavit of such service to the Commission within 45 days of the service date of this Order. 10. The Company shall ~ive notice to all customers of the prehearin~ conference, the proposed rates and the interim rates by publication at Iol1'7 least lO days prior to the date of the preheating conference, in the legal newpapers of the county seat towns in the counties in the service ace,s o~ the Co~pan¥. Th~s notice must be submitted loc Co~ission approval w~thin 7 days of the service date of t.his Orde~ ~1. In addition Co the notices required above by ordering paragraphs 9 and lO, the Company shall give the following notices of the evidentiary and public hearings: a) Written notice to the severing bodies of each municipality and county in the areas affected and to parties on the official service list and any additional persons found on the service list attached to this Order shall-be mailed at least ten days prior to the start of the hearings; and b) Display ads in the legal newspapers of the affected counties and other' newspapers of general circulation in towns in the Company's service area shall be published at least ten days prior to the start of the hearings. .The heading on the display ad, RATE CHANGE NOTICE, must be set in 30 point, or larger, bold face type. These noticies shall contain the information required in Minnesota Rules part 7830.3200, subpart 2. These notices must be submitted for Commission approval prior to publication and within 15 days after the date of the Adminstrative Law Judge's pre-hearin~ order which states the time, date and place of the evidentiary and public hearings. 12.'The Commission authorizes the Executive Secretary of the Minnesota Public Utilities Commission to enter orders on behalf of the Commission varying time requirements for the filing of pleadings and other documents and determining the conduct of this proceeding before the Commission according to the standards set forth in Minnesota Rules, part 7830.~00. Any party adversely affected by any Order issued by the Executive Secretary varying such filing requirements or regarding other matters may file a motion to reconsider, vacate, or modify the Order within ten days after its entry or one day prior to the filing deadline or occurence of an act directed by the Order. Any motion for reconsideration, vacation, or modification shall be heard by the Minnesota Public Utilities Commission. 13. This Order shall become effective immediately. BY ORDER OF THE CO~94ISSION Mary Ell~nHennen "' Executive Secretary SERVICE DATE: (SEAL) 0956C ATTACHMENT A BEFO£E THE MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 600 Su~it Bank Building 310 South Fourth Avenue Mfnneapolis, Minnesota $5415 FO£ THE MINNESOTA PUBLIC UTILITIES COMMISSION 780 American Center Building 160 East Kellog~ Boulevard St. Paul, Minnesota 55101 In the Matter of A Request By AT&T Co~=~unications of the Midwest, Inc. to Chanie Its Rates for Telephone Service Offered Within the State of M~nnesota ' MPUC Docket No. P-a~2/M-87-5~ OAR Docket No. NOTICE OF APPEARANCE Date of Mearin&: Name and Telephone Number of Administrative Law Judge: Richard DeLonl~ 612/311-760t TO THE ADMINISTRATIVE LAW JUDGE: You are advised that the party named below will appear at the above hearin$. NAME OF PARTY: ADDRESS: TELEPHONE'NUHBER: PARTY'S ATTORNEE OR OTHER REPRESENTATIVE: OFFICE ADDRESS: TELEPHONE NUMBER: SIGNATURE OF PARTY OR ATTORNEY: DATE: COMMISSION'S SERVICE LIST AT&T Communications (Notice of Rate Change) Docket No. P-442/M-87-54 Mary Ellen Hennen Executive Secretary MN Public Utilities Commission 780 American Center 150 E. Kellogg-Boulevard St. Paul, MN 55101 James Jarvis Special Assistant Attorney General Department of Public Service llO0 Bremer Tower ' 7th Place and Minnesota Street St. Paul, MN 55101 LinOa Anthony Dept. of Public Service 790 American Center Building 150 E. Kellogg Boulevard St. P.aul, MN 55101 · James A. Gallagher Maun, Green, Hayes, Simon, Johanneson & Brehl Suite 332, Hamm Building St. Paul, MN 55102 Dennis D. Ahlers Thomas M. O'Hern, Jr. Special Assts. Attorney General 340 Bremer Tower 7th Place ano Minnesota Street St. Paul, MN 55101 John B. Van de North, Jr. Ann Huntroos Briggs and Morgan . 2200 First National Bank Bldg. St. Paul, MN 55101 William E. Flynn Atty. for Minn. Business Utility Users Council 3800 IDS Tower 80 South Eighth Street Minneapolis, Mk 55402 John F. Ward, Jr. U.S. Telephone, Inc. Suite 5100 First National Plaza Chicago, IL 60603 Erica Jacobson Special Assistant Attorney General 204 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 W. Richard Morris, Mark E. Belmont Attorneys AT&T Communications 10825 Old Mill Road, 2nd Floor Omaha, Nebraska 68154 Joann Anderson AT&T Communications 400 North Robert, Suite 950 St. Paul, MN 55101 Stephen T. Refsell Attorney at Law Northwestern Bell Telephone Company 200 South 5th Street, Rm. 1800 Minneapolis, MN 55402 Scott Eckmann Department of Public Service 790 American Center Building 160 E. Kellogg Boulevard St. Paul, MN 55101 Carla Kjellberg Minnesota Publ'ic Interest Research Group 2412 University Avenue SE Minneapolis, MN 55414 Richard J. Johnson, Esq. Moss & Barnett, P.A. 1200 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 Robert W. Nichols Attorney at Law MCI Telecommunications Corporation Suite 4200 707 -17th Street Denver, CO 80202 Terry J. Kolp Attorney at Law Regulatory Law Office JALS-RL, Nassiff Building 5611 Columbia Pike Falls Church, VA 22041-5013 Richard DeLong Aoministrative Law Judge Office of Administra%ive Hearings 400 Summit Bank B1U~. 310 Fourth Ave. S. Minneapolis, MN 55415 Thomas Bystrzycki Assistant Vice President- Government Relations/Regulatory c/o Keren Fisher' Northwestern Bell Telephone Co. Rm. 3A75, 200 South Fifth Street Minneapolis, MN 55402 Warren R. Spannaus Mark B. Rotenberg Dorsey & Whitney 2200 First Bank Place East Minneapolis, MN 55402 David L. Sasseville U.S. Sprint Communications Company West Division Tower I, Suite 3400 999 - 18th Street Denver, Colorado 80202 Ms. Susan J. Burke Network Coordinator American Sharecom, Inc. Suite 218 1300'Nicollet Mall Minneapolis, MN 55403 McKunzie Whitaker Trial Atto6ney Defense Communications Agency ATTN: Cooe ll5 Washington,.D.C. 20305-2~00 Karl Sonneman Special Assistant Attorney General MN Public Utilities Commission 78D American Center Building 150 E. Kellogg Blvd. St. Paul, MN 55101 Mr. Sherman Holbert Fort Mille Lacs Village Mille Lacs Lake Onamia, MN 56359 Lee E. Whitcraft Director, Operations Technology & Information EOuc. SerVices 1925 W. County Road B2 Roseville, MN 55113 Robert J. Wedl Executive Director ESV Computer Council. 849 Capitol Square Building 550 Cedar Street St. Paul, MN 55101 Burdette V. Clifford Executive Director Region I - ESV 810 South 4th Avenue P.O. Box 1178 Moorhead, MN 56560 Beverly Philliber ESV Region IV MIS Advisory Committee Ind. School District ~409 P.O. Box 659 Tyler, MN 56178 J. Foecke Executive Director EXV Region III 570 First Street S.E. ..... St. Clou~, MN 56301 Sally Tobey Director of Admin. Services Southwest/West Central ECSU Southwest State University P.O. Box 547 Marshall, MN 56258 MINUTES OF THE MOUND ADVISORY PLANNING COMMISSION MEETING Aprll 13, 1987 Present were: Chairman Thomas Reese; Commissioners' Vern Andersen, William Meyer, Geoff Michael, Kenneth Smith, Brad SOhns and Frank Wei. land; Council Representative Elizabeth Jansen; City Manager Edward Shukle; City Planner Mark Koegler; Building Official Jan.Bertrand and Secretary Marjorie Stutsman. Absent and excused was Com- missioner William Thai... Also'present were.the following interested persons: John Weber, Joel Krueger, Scott. Thomson, Mark Jenks, William Carrow, Dorothy Nitchings, Beatrice.Tangen, Elliot. Hlllqulst,.Jerry Tasa, Merle L. Eisert, Dorothy Hallin, Jerry Hallin, Richard DeGulse, Rosemary. DeGulse, Ernie Strong, Dayton D. Wiliiamson, Margaret W.illlamson, Paul:Larson representing. Mr. S MrS. Sharp, J. Thomas Leplsto,' Mike Gardner and Barb Messerich. '. MINUTES The minutes of the Planning Commission meeting of March 9, 1987 were presented for conslderati, on; Welland moved and Jensen seconded a motion that they be approved as publ|shed. .The vote was unanimously in favor. The minutes of the Planning Commi. sslon meeting of March 23, 1987 were presented for consideration; Jensen moved and Welland seconded a motion that the minutes of March 23,'1987 be approved.as submitted. The vote was unanlmously in.favor. BOARD OF APPEALS 1. Case No. 87-621 Rear'Yard setbackvariance for q932'Bedford Road Lots 16 and'17,'Block. 38, Wychwood Hark Jenks was present. The Building Offlclal,.Jan'Bertrand, reviewed'the request for a variance to allow Mr~ .Jenks.to construct an attacheddeck 15.8 feet by 7.6 feet with walk- way and a,proposed'addition.22 by 2q feet.to the east and west sides of the existing dwelling. Brighton BOulevard Is.the-front of the existing 'cl~elling because it' ls the narrowest side of. the.lot..The.Bedfordstreet setback is 15.1 feet and the required setback'ln, th&.R-3 District is 30 feet to both streets. A deck is'~llowed to be within'.ten'feet, of, the'rear lot line (west). The pres- ent deck l.s.belng..constructed at .1.8 feet to,the rear line.. She commented the Zoning Code alJ-o~s uncovered terraces, porches,.stoops not.extending above- height of principal bulldlng ground floor to be within 2 feet of the lot line. She stated possibly' appl.icant could.'con~truct wall~vay at grade level Into hill and than have a stairway up to.the elevated deck.lO feet back from the west prop- erty line,.. Staff is.recommending'approvq] of a 22-bY 2q foot addition with con- .forming setbacks ('this would br, ing dwelling to over the' mini'mum 840 square foot floor area) and recognize the existing 15.1 foot front yard setback to Bedford and.the 4.8 foot.rear yard setback Upon the condition walkway be constructed .. within 30 Inches of grade with a stair~ay 'to a raised deck 10 feet from the west lot line. The Commission discussed the proposal and that the proposed Walkway and deck was intensifying the nonconformity and that a portion of the deck~vould have to be moved and walkway, would not be 1eve! wlth deck if staff's recommendation approved.' It was suggested the best solution would be for applicant to approach neighbor to purchase.part of Lot'l$. Mr. Jenks stated his house was built in 1950 and there had been. a step for this door which extended out a couple of feet. He didn't think he could purchase Planning Commission Pilnutes '~prii 1~ 1~87 - Page 2. more land; he needed bls money to complete the addition. The CommisSion asked him if he would be incllned to have walkway at grade (30 inches or'less) and have stepsgolng up to deck? The Bu~ldlng 0fflclal stated steps could be in the setback'space, but not closer t.han'2 feet to line. denks said it ~ould be a lot of work, but was agreeable. Hichael moved and Welland seconded a motion to recommend to the Councll approv- ing with the staf.f recommendation'the.proposed 22 by 2q foot addition to bring .the structure to minimum floor'.area requirements, recognize the existing 15.1 foot front yard'setback and .~.8 foot rear yard setback; staff recommends that the'deck walkway .be reduced to 30 inches or less from the existing grade. The vote'was unanimously in favor. This will be referred to the council for the April 28, lp87 meeting. Case No. 87-622 Lot width variance ahd subdivision - 5950 Bartlett Boulevard Lot $5, Auditor's SUbdivision No.'168; PID No.'23-117-2~ 13 0032 As no one'was present from Roco Investment, the Commission proposed tabling. Dorothy Hallin.who lives on.east side of'the property wished to be heard so the Chairman asked the staff to review the request first. The Building Offlcial reviewed her report on the lot width variance and. the minor-subdivision; noting .1.) the nonconforming front yard setback and rear yard setback (as drawn), on parcel shown as 2; 2) the' new sewer and water services that would.be required to serve dwe]li.ng"on parcel I in the dedicated 25 foot strip with the condition that grades be. added to'. the survey and the drainage ease- ment may have to be included.and approved by the City Engineer to assure'drainage from 'the lot in rear :to Bartlett'Boulevard. · There may be a problem servicing lot for sewer :by gravity. Staff does recommend the waiver of a public hearing for the subdivision with the conditions listed in her report. The Commission discussed'and had various questions.' Dorothy Hall in expressed con- cern that it would not conform, to.the 'rest of the neighborhood; doesn't understand how utillties will come'all the'way back there to.service one property; she thinks they'll w~nt to'subdLvide'back.lot again. She also brought in.a letter from James and Harylan Lewis, $921 Beachwood, which .mentioned the same concerns. The Commis- sion discussed that they.might request more building sites to the rear; they did not feel there was a hardship; also discussed condition of the house at 5950 and the possibility of dividing parcel't° make two more or less conforming sites by splitting off westerl.y portion-of the parcel. Commission did not want to take any action without input from applicant. Andersen moved and Heyer seconded a motion t° table pending applicant be. lng present.. The vote was.unanimously in favor. The"Chairman directed .that' Pis. Hallin be notified when case will be heard. Case No. 87-623 Public Hearing for Conditional Use Permit for the operatTon of a fast food, convenience, drive-in restaurant (Class I!) at 2330 Wilshire Boulevard; Lots 7-20 & 26-35, including vacated alley, parking lot and park; Block 1, Shirley Hills Unit F; PID No. 13-117-2q 3~ 0072 .. Scott A. Thomson of Domino~s Pizza was present. /;-;-3 Planning Commission Hinutes . .. April 13, 1987 - Page 3 ~ " Hark Koegler~, City' Planner, .reviewed his.report which recommends granting .approv~ Subject to.the three conditions he ilsts. The Commission questioned.whether overnight parking should be allowed Since there was no.mentlon'of it-in the report. Hr. Thomson stated there would be one Company vehicle left overnight. The drlvers doing delivery use their own vehicles. The Planner stated this area was'more auto oriented than downtown Commerce Square. .He also stated that parking space in this.area'has not been a problem. Smith stated t~at parkl, hg lot should be looked, at as people canlt flgure out h°w to park: no striping or'design for parking. Koegler stated our Ordinance does not require that and perhaps, Since Oomino~s.are a tenant, Commission should address this~to the owner of the Shopping Center. The..Chalrman opened the public hearing; there'was no'.one present Who had comments or questions;, he closed the public hearing. Heyer moved.and l~elland seconded a motion to recommend':o the' Council. staff recommendations for approval of the conditional.use.permit for'Domino~s Pizza. The vote was unanimously in favor. The public hearing by the Cbunci1 will be set.for April 28, '1987. Case No. 87-$2Zt Sign varlance.'for: Shoreline Plaza Shopping Centerl Lots 7-20~& 26-35 including va(:ated alley.; parking are and park; P1D 13,117-2~ 3a 0072 AppllCant could'n°l~' be present at this meeting'and asked this to be tabled to a subsequent' meeting. Jengen moved and ~/ei'land Seconded a m0. tion to tab1e. A!1 voted in favor. Case. No. 87~625 Lot size variance.: for q. 925 Glen 'Elyn Road Lot 22,. Bloc.k 2q; Shadywood:Point; PID No.. 13-117~2q 11 00~7 Paul Larson, Herri11 Lynch .'Real ty ,. was present for Hr. & Hrs. Sharp Hark'Koegler reviewed hls."report on this request for a lot size-- ~arlance; Lot 22 contains approximately $120 square' feet or' about SlX'of the lot ar.ea r'equire- ment. C!.ty Code al.lows lots of.record to be used for slngle family dwelling pur- poses p'rovldlng.area .meets all setback a. nd minimum lot area requirements, In 1985, Council Studied non-conforming; parcels ~i.thin Three points and decided to review variances On a case by case basis.. Staff is recommending denlal of the - variance. The following persons wholare owners of abUtting properties were opposed to "shoehorning a·house lnto that tot"': .B~11 Carrow, Gerald Tasa, Ernie Strong and Richard OeGulse. The COmmission'dlscussed and had various questions on setbacks, etc. 'The. Plan- ner had commented that Lot $ might be available to be combined with Lot 22 to meet the area requirement. Hr. Strong stated that the same person owned.Lots $ and 6 and if Lot 5 went wlth Lot 22, than Lot ~ would be underslzed. Smith move.d and Sohns seconded a motion moving the staff recbmmendation for denlal. The vote was unanimously in favor. It's not a hardship as has no home. This will be on the Council agenda of April 28,'.1987. Planning Commission Hinutes Aprll 13, 1987 - Page Ge Case No. 87-626. Rear yard. variance for 5325 Waterbury Road West 1/2 of Lot 54,.Whipple Shores~ PID 25-137-2~ 21 0154 Applicant,' J. Thomas Lepisto, was present.. The Building Offic-ial.reviewed'he~"repbrt. on this request stating the Commission has seen it before..The'lot was subdi.vided in 1981'and in 1.985, the Council ap- proved..the same rear yard variance Of 9 feet'to..allow dwelling 6 feet to the south lot line. That applicant has'since passed'away. The'attached "Exhibit A" site plan shows howe s-tructure'.could'be Placed on the property.. Due .to the topography and Shallowness. of lot, a 9 foot rear yard variance could be approved subject to the City Engineer's approval of site grading and Watershed District permits. oo The Commission questioned, if our present ordinance Was in effect when this was subdivided (it was done before). .The Bui'lding Official stated that because of the steepness of Waterbury, her suggest)on is to grant..~he variance to get the- home a litt]e farther from the street; Neighbor to.the south has no objections to t.he variance. Jansen moved and AnderSen'seconded recommending granting the Staff recommenda- tion. The vote Was unanimously in favor. This will be referred to .the Council April 28, 1987. Case no. 87~627 Variance request for t599 Bluebird Lane Lots 18 and 19;' Block 6, WoodlandPoint; PID No.' 13-117-2q 12 0128 Hike. Gardner'was present. ~ · ' ' ' second ':' The City Planner Hark Koegler reviewed his report stating the Proposed floor will approximately double.the existing f]oor area. He explained the existing setbacks and the required.setbacks. Application of the Code would result in a 1.5 foot rear ?ard variance, a 2 foot side yard variance on the north and a 3 foot side yard variance on the south proPerty iine. The Ordinance forbids the'altera- tion of nonconforming residential units when improvements increase the bulk of the building. .As there is additional space to add onto the front, the staff recommends denial due to ]ack of actual hardship. Hr. Gardner stated'house wou)d'look l.ike a barn if addition made on Blue'bird side; he also wants to add a garage. 'He stated that originally the house had a second floor and a former owner tore it'off. He'thought the home' with a second floor would fit.into.the neighborhood-and meet his needs best. House has been a rental; but he is'buying'and wants to fix it up to live in. Barb Hesserich, neighbor to the north, stated the house needs improvement. She thinks if he bui)ds.long way, it would look ]ike a box car. Her concern is having his eave (comes out about ]8+ inches)'.over her flag stone'retaining wa]l causing damage and washing out and eroding the wa1) away. The Commission discussed request;'one of the items questioned was whether founda- tion would support proposed addition. Concern was expressed .for the integrity of the ordinance and that Commission is here to treat everybody the same~ Hichael [bought anytime an individual wants to buy and fix up a house, we ought 1 to try to work with him and stated we ought to.]ook at. the ordinances. Smith thought fire access should be considered as part of setback which wou)d in essence glve him additional 15 feet or 22 feet on the one side and 2 foot variance on other side. Weiland agreed with considering access as part of §etback; his concert Plannlng Commission HjnuteS . April 13, 1987 - Page 5 was for the neighbor on the north. Jansen has a hard time seeing where the hardship is, but stated a recent approval was given on the basis of "practical difficulty" (Section 23.506.1 of the Code). The Chairman stated that if proposal were to be allowed, the property should be cleaned up. He.mentioned an unlicensed vehicle, trash, accessory building etc. The.staff asked that three issues be addressed if approval were considered: · 1) Overhang situation/drainage.runoff'has to be'controlled; 2) Structure has to be brought up tb code ahd 3) Applicant has to submit a registered signed land survey that conforms to his drawing/or this has to come back to the Commisslon. Smith moved ~nd Heyer seconded a mot.ion to' ~ecommend granting variances ~ith. the three conditions recommended by the staff. Clarification of "up'to code" was made.to mean to bring structure up ~to building code and lot up to zoning. code. The vote was Hey, r, Hlchael, Smith and. Weiland in favor; and Andersen, Jensen, Sohns and Reese opposed. Hotion tied. Weiland gave the r~ason he decided to' vote in favor was that the neighbors were in favor of the house being ~epalred rather.than.just left. This'will be referred to the Council on April 28, 1987. Case No. 87-628 Hinor subdivision of land at 6116 Bartlett Boulevard Metes and bo mds description; PID No. 23-117-24 31 0002 Applicant was not present. The Buildlng 0ffici'al revi.ewed her report dn the minor Subd~vlslon/lot spllt 'to create a new bulldlng.site and stated that it meets all requirements in. the R-i Residential Zoning District. Staff recommends approval of the subdivision requested, waiver'of public hearing, escrow account, etc. for the metes and. bounds described lot as per the.survey for the proposed legal descriptions.upon the condition that the.propertyo~ner stub into the lot new sewer and water services, obtain Hennepin County utility and driveway permits, pay any dell-' clent sewer and water un.its for the additional building site with park dedication fee whlch'.is applicable at the t'ime'~f building permit issuance(not less than $300.).' · Jensen .mOved and ~elland seconded a motion to move staff recommendation. The vote wbs unanimously in favor. This will be referred to the Council on April 28, 1987. Case No. 87-629 Front yard setback variance for.2012 Villa Lane Lots 1 and 2, Block 5,.Abraham Llncoln Addition to Lakeside Park; PlO No." 13-117-24 31 0023 Dayton and Hargaret ~llliamson were present. T~e'Building Official reviewed her report on request for a front yard setback variance from the existing structure to the unimproved Villa Lane right-of-way to allow a conforming addition of a three season porch 16 by 17.6 feet on the opposite side from the existing nonconforming 6'8" setback to Villa Road.- The street front requirement is 30 feet. The Commission discussed request and commented that property seemed overbuilt. Applicant questioned if~could add about 4 feet to the proposed three season ,Planning Commission Minutes April 13, 1987 - Page 6 porch; plan started out' when'an inside stairway was proposed to'be changed and they thought the extra 4 feet would be nice on the porch. Stairway change was dropped, but not the 4 foot extra porch area. Weiland moved and Meyer seconded a motion to recognize the existing noncon- forming setback to unimproved Villa Lane (22.5 feet+_) and fbrther stipulate the addition as approved be not closer than 13.5 to propertyline on lakeside corner and 14.5 feet to land side. Meyer withdrew his second. of a second. No one seconded the motion and it failed for lack Jensen moved that we recognize the existing nonconforming setback to Villa Lane and grant a variance with the stipulation that addition be no closer than ten feet to the property line. Motion was seconded by Smith. The vote was Meyer, Michael, Jensen.and Smith in favor and Andersen, Reese, Sohns and Weiland'opposed. Vote was a tie. Weiland Stated his reason for voting against was that property was overbuilt. He thought there is no hardship there. This will be referred to the City Council on April 28, 1987. Note: Items 2 and 4, both tabled tonight, will be heard at the April 27th meeting. Chairman asked that the applicants and Ms. Hallin be notified of the date of the meeting. LOST LAKE The City Manager, Ed Shukle, explained that at the March 23rd meeting they had reviewed the recommendations and old discussion concerning Lost Lake and the Planning Commission made a good effort to try to streamline what the possible uses of the property could be. Out of that meeting came 5 items the Planning Commission recommended/proposed. He stated the Planning Commission instructed the staff to come back with a map showing public ownership of the property and a summary of the components that would be included in an*RFP; also. some citizens' comments regarding the possible use of the property that were not submitted at the meeting were included with agenda. The staff is in a posi- tion now to answer any question that you may have concerning the Lost Lake issues and is prepared to accept and 'take this on to ~he Council April 28th. The City Planner, in answer to a question on requesting public and private ownership of land, stated that information is complied if you have a question about a specific parcel. There are lots of parcels and showing' them would be cumbersome. Chair stated the concern was about looped trails so you didn't have a dead end. Koegler stated there are certain portions of a trail that would have to be floating and some would be wood chip, some might be able to be hard surface; but a looped pedestrian trail is verY possible. Commission commented the cost of trails/walkway would be tremen- dous;'li't was questioned how you would police; possible fire dangers and the subject of liability were brought up. It was questioned whether development of the 3.1 acres was tied to development of trail and if an appraisal done. The City Planner stated concerns were valid; but there are cities where these'things work beautifully. He stated a plan was put together at the request of the former City Manager and they put together a grant application to put the park in, but grant application n~ver submitted. It was about the time all the soil borings were going on * Request for proposal JO~-7 Planning Commission Minutes April 13, 1987 - Page 7 and the City was fighti~g wlth PCA over whether this was a toxic waste dump, etc. The trails came up as part of the public input you' got. It might be this or some- thing totally different that becomes part of the negotiation process that u)timate- )y gets to the RFP stage you may be going through with the deve)oper. Maybe one of the promises the City makes is that we will develop a passive recreational facility with some kind of trail network and than you'll have to work with developer in how that fits wi'th the 3.)$ acres. It doesn't change what you'll do with the acres. Hopefully it will be a. country inn. This becomes part of-an amenity that wi1) fit. When it gets to what trai'), etc. is going to look. llke, the prime responsi- bility will fa)l back to the Park Commission and.they will be. charge with making a recommendation to the Council on any park improvements; the developmenta] part wl]) come back to the Planning Commission. The Commission thought they should go forward to the Council with one recommendation and the country inn was top choice. They think we should clean up the area and. wai~ until Advance Machine.. )eaves,the.area and see what the market Is. It was thought this site and Advance Machine site would, be competing for different markets. Various opinions were offered un. the development of area. We iland.[hought possibly a Balboa type person should get the property if they would guarantee i.mproving property. It was discussed what.if they want to develop another shopping center? Sohns asked if we had to openl'mfor sale" or if we can.control use with the RFP. Reese.moved a motion that we recommend to the Counci) that an initial attempt be made to utilize the land for a country inn and that an RFP be developed along the lines as outlined by the Planner and that in drafting of the RFP, that certain inducements be included in the write up to make it more attractive to developer. This i's our first recommendation and we recommend they try this first to see if -- it flies and if it has no takers, go back and look at another plan. Smith seconded the motion. It was discussed if a time frame was needed and also havi.ng 'site cleaned up. The City Planner explained the process including that normally with.an RFP you would give developer 90 days for them to respond. He.stated you should know within 3 months or so Whether you've any interest; Otherwise, you will have to. develop a slightly different RFP or target"it through a.different group or something. He suggested the City might tap some of the Maxfield files to get a list of potential developers and you.might also publish RFP in the Minnesota Real Estate Journal as well. The City Manager stated the Park Commission 'is Very interested.in what happens with the wetlands and they are very specific in that they would like to be Involved in discussions. The vote on the motion was Anderson,'.Jensen', Smith, Sohns and Reese in favor; Meyer Michael and ~eil.and against. Michae] voted against because he feels country inn not appropriate use of )and and not i'n City's best interest. Meyer stated he doesn't mind the country inn, but doesn't think it is something we should be pushing; he'd like to see'a.lternatlve ideas. Weiland is not in favor of trails and feels City has too many parks already. ADJOURNMENT Michael moved and Andersen seconded a motion to adjourn the meeting at 10:35 p.m. Al) were in favor; meeting was adjourned. Thoma's R'eese, Chai rman A. TNOMAS WURST, P.A. CUR'riS A. F£AIqSON, P.A. ~AN~ D. LAW~ON, PA. LAW DK'F'IC£$ WURST, PEARSON, HAMILTON, LARSON '~' UNDERWOOD IIOO KIRS~ BANK PLACE WES~ MINNEAPOLIS, MINNESOTA ~540~ May 15, ~985 Ms. Jan Bertrand, Building Official City of Mound 5341 Maywood Road Mound, F~ 55364 Ms. Fran Clark, City Clerk City of Mound 5341 }~ywood Road Mound, FLN 55364 Re: Motions, Resolutions, and Ordinances Dear Jan and Fran: During the Council meeting on May 14, 1985, I pointed out that the Advisory Planning Commission minutes of the May 6 meeting indicated at one point, "Concensus of the Co~maission was that park dedication not be included." I stated at that time that the only way concensus is reached is if it is put in the form of a motion and adopted by a majority of the persons who have authority to make a decision on a particular question. It then came up that frequently Council members and/or Planning Commission members will make a motion to aPprove or to deny without including in that motion the important elements which are necessary to give direction, either to the staff, the applicant, the public, and/or a court. The important thing is to understand that motions as such are used only for the most simple administrative acts. When we are going to grant permits, variances, and things of that nature, the intent of the body should be reduced to writing and put into a resolution. If we are going to adopt a law, then it has to be put into ordinance form and adopted 'in that manner. I am sending a copy of a letter I sent Jon Elam on February. Il, 1983, and an attachment thereto which shows the difference between motions, resolutions, and ordinances. It is important that each Councilmember and each Planning Commission member understand the differences between these various methods of proceeding. In all cases, you will have a motion to adopt a resolution or an ordinance, or as I have previously said, a motion to approve some simple administrative matter. When we WURST, PEARSON, HANIILTON, LARSON & UNDERWOOD Page 2 Ms. Jan Bertrand, Building Official Ms. Fran Clark, City Clerk City of Mound May 15, 1985 are establishing rights and parameters for people, we should do so with great specificity. I hope that if you supply the Planning Commissioners and the Council with copies of these page~ and they are reviewed carefully~, we will be able to better structure our actions, and they will be more clear, both for the Council interpreting the Planning Commission actions and for the p~blic and. staff in interpreting the Council actions. CAP:lb Enclosures Very ? truly your s C~tis A. Pearson, City Attorney LAW 0 F'F'IC: E:$ WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD MINNEAPOLIS, MINNESOTA 5540:) February 11, 1983 Mr. Jon Elam City Manager City of Mound 5341 Maywood Roa~ Mound, MN 55364 Re: Motions, Resolutions and Ordinances Dear Jon: At a recent meeting I was explaining to the council the difference 'between motions, resolutions and ordinances. Mayor Polston asked that that information be provided to the council. I am enclosing herewith copies of pages 110 and 111 from the League Handbook. I believe that this accurately reflects the differences and that each councilmember would be well advised to know this information. Veryz~ruly yours, C earso CAP:ms Enclosure cc: Mr. Bill Fahey 3. From the basic facts, findings or conclu- sions often in the language of the statute or ordi- nance are to be inferred, or not, as the case may be.129 4. From this finding, the decision will folio, ay~ by the .application of the statutory criterion.'"" Findings of fact serve two major purposes. The first relates to improving the decision-making process and the second concerns judicial review. Considering that only an occasional decision will be submitted to court review, perhaps the most important purpose that findings of fact serve is to help improve decision-making. When a council prepares precise findings of relevant facts, a well reasoned and more rigorous decision-making process is more likely to ensue. It is easy to express an ultimate conclusion that the public interest requires a denial. But when one is forced to demonstrate that those conclusions are consis- tent with all of the facts disclosed by the record, careful and painstaking analysis is required. The second major purpose for findings is that they are an indispensable prerequisite for effective judicial review. In conclusion, it should be reemphasized that any required record should demonstrate compli- ance with all constitutional requirements (due process deficiencies such as lack of notice often provide grounds for appeal), as well as all statutory and ordinance procedural requirements. f" F. MOTIONS, RESOLUTIONS AND ORDINANCES The Legislative Process Passing Ordinances and l~e$olutions Council policies are reflected in two forms: ordinances and resolutions. Either of these may be introduced by any member of the council includ- ing the mayor and, in standard plan cities, the clerk. Once introduced, the council may, depend- ing upon its own rules of procedure, act upon them at once, refer them to a committee for study and recommendation, postpone consideration to some future time, or take any of the other actions described in Chart VI under subsidiary and privi- leged motions.. If the cour. cil decides to refer the matter to a committee, the committee may ___.t...o ':o. :,,~,,cH~tle~nc ~nel ,inle~: instructed otherwise, recommend: (1) passage of the ordi- nance or resolution in its original form; (2) passage in an amended form, or (3) rejection of the ordi- nance or resolution. Debate may take place when the matter is introduced, while it is being con- sidered in committee, and after the committee has reported its findings and recommendations. After all consideration and discussion of the matter is completed, the presiding officer should read the ordinance or resolution and call for a vote. Resolutions and other procedural motions .of the council, unless otherwise provided in Chart VI, are adopted if they receive a majority of the votes cast. To illustrate, if two members of the council vote in favor of a resolution, one votes against it, and two abstain from voting, the resolution is considered passed. Ordinances, on the other hand, must receive at least three favorable votes. The legality of the action taken depends upon three essential steps: (1) a proper motion, (2) a vote actually taken, and (3) a record of the number voting for or against the proposal. Many clerks report the inames of the members who take actior at each of these various steps. (For a fuller discu~ sion of the requirements for recording council actions, see the material dealing with council minutes in this chapter.) Except for the third step, however, this is not required. Differences Between Ordinances, Resolutions and 3lotions A motion is merely a matter of parliamentary procedure. It L.' a proposal that the council act in one of the two. ways it has of acting, by resolution or by ordinance. Motions may be used to intro- duce ordinances and resolutions, to amend them, and to take any other actions concerning them. A~y council enactment which regulates or governs people or property and provides a penalty for i:~ violation is necessarily an ordinance. As a result, all police regulations for public health, morals, economic well-being, welfare ~n~ safety must be passed in ordinance form.~' Any regulations should be of general application within the city and of a permanent and continuing nature Ordinances may also be used to provide per- manent rules for the organization and operation of the council. For instance, the bylaws governing council procedure may be passed in ordinance form. Any action required by statute to be in ordinance form cannot validly be done by resolu- oNovember date for the city election, and combin- ns the office of clerk and treasurer must be taken by ordinance. A resolution, on the other hand, should be used for any action of a temporary, routine, or admini- strative nature. Where there is any question about the classification of a piece of legislative business, the city attorney should be consulted. Deciding in a specific instance is frequently difficult and in all cases of doubt it is well to proceed with the business as if it required an ordinance. Proceedings simply in the formgf a motio~n duly carne'~d~'fl-d-en~ered on r~cord are frequently held_ t_o~alent to ~ resolution...and probably this i~~ fo, r most simple_ad?inistrat!ve acts.132 ~, ---_ . _ -. . The power to enact ordinances is vested only in the city council. (See League publication "Model Ordinance Code"; the League also has sample copies of various ordinances available; see also League memo "Procedural Requirements for Adoption of Statutory City Ordinances and Resolutions - Notes and Forms.") With a few exceptions, most ordinances need not and may not be submitted to the voters for approval. Unless a charter provides otherwise, there is no general statutory authorization which permits a council to seek voter consent to a proposed ordinance or even to ask for an advisory opinion on its desira- bility.133 There are two general limitations upon the power of the council to enact ordinances. First, councils are limited in subject matter to the fields in which the legislature has authorized them to act. Without such authorization, the power to regulate in any given field is reserved to the state. It should be noted, however, that statutory cities are empowered to enact ordinances on some subjects which are already regulated by state law. In these fields, a city may make any provision in its ordinance which is not inconsistent with the state law. ' ~r Second, councils are limited by the following general requirements.134 Ordinances must be reasonably certain in their terms. 2. They must be consistent with the State Constitution and statutes. 3. They must not limit or deny any common law or constitutional rights. 4. Their provisions must not constitute an unreasonable restraint of trade. Their terms must be reaSonable. When adopting an ordinance, cities should be aware that the city can be held liable for not enforcing a "police power" meaSure contained in it.135 (See Chapter 10 on Liability and Insur- ance.) Form~ Contents and Adoption of Ordinances Since ordinances are,' in effect, local statutes which have the force and effect of law, the form and manner in which they are written is of the utmost importance. While the law .does not require that they be drafted by a qualified at- torney, their preparation does involve a sound understanding of the law and, consequently, ordinances not so drawn are frequently subject to a variety of legal objections. It is recommended, therefore, that some competent attorney be consulted in the preparation of ordinances for council consideration. The following paragraphs provide a brief descrip- tion of the requirements which must be met, and of the forms which are ~u)ually used, in the pre- paration of ordinances.3~° Charter cities should also look to their own charter provisions for ordinance enactment. 2'he title. Every ordinance should bear a title which describes its contents briefly, but ade- quately. The phrases: "repealing ordinances inconsistent herewith" and "providing penalties for the violation thereof" are totally unnecessary and may be omitted from the title. 7'he number. Each ordinance should bear an identifying number as a part of its title. 7'he enactb;g clause. All ordinancis, after a suitable title, should begin substantially in this form: "The City Council'of ordains:" The body o. f the ordinance. The text of the -111 - .,., . 183 University Ave. E., St. Paul, MN 55101-2526 (612) 227-5600 April 21.. 1987 TO: FROM: RE: Mayors, ~ager , Finan~tors ~ r~i at~ v- Execu~'irectorv LaurieDonald,F Hacki~r'n~g[-slative Representative THREE PERCENT LEVY LIMIT AND LGA CUT GAINING MOMENTUM It is critical that you immediately contact your state representatives and senators in opposition to two proposals .... an extremely restrictive three percent levy limit (imposed even on small cities) and a large cut in local government aid (LGA). These proposals are being debated this week by both the House and Senate Tax Committees. They seriously threaten the financial viability of our cities. LIMIT': On Monday, the Property Tax Division of the House Tax ommittee adopted an amendment to impose an arbitrary three percent limit on nearly ALL levies for ALL cities and counties. This amendment will now be debated by the full House Tax Committee. The proposed three percent levy limit would apply to all cities, even those with populations under 5,000 (which currently are not affected by levy limits). All levies, including "special levies" would be included under the limit. The only exemptions under the new levy limit would be the costs of bonded indebtedness and unfunded pension liabilities. In addition, under the levy limit proposal, if a city is forced to raise property taxes to make up for a cut in federal general revenue sharing or LGA, such a property tax increase would be subject to the same three percent levy limit. It now appears likely that the Tax Committees will approve imposing the six percent sales tax on city purchases --any property tax increase necessary to cover this increased cost for cities would also be sujbect to the levy limit. Furthermore, a community experiencing population growth would be subject to the same uniform three percent levy limit. LGA: In an attempt to balance the state budget, lawmakers are considering an 'across-the,board cut in LGA that could reduce LGA payments due to cities in July and December of this year. The proposed reduction would be permanent, lowering LGA funding in future years. [TY OFFICIALS SHOULD CONTACT THEIR STATE LEGISLATORS TODAY OPPOSING LGA AND FURTHER RESTRICTIONS IN THE LEVY LIMIT LAW. INFORM YOUR LEGISLATORS HOW SUCH A LEVY LIMIT AND LGA CUT WOULD AFFECT YOUR CITY --WHAT SERVICES WOULD YOU HAVE TO CUT AND WHAT JOBS WOULD BE' ELIMINATED.