1996-04-23MINUTEg - MOUND CITY COUNCIL- BOARD OF REVIEW - APRIL 23, 1996
Pursuant to due call and notice thereof, the Board of Review convened in the Council Chambers
of the City of Mound, Hennepin County, Minnesota, at 5341 Maywood Road, in said City on
Tuesday, April 23, 1996 at 7:00 PM.
Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz
Jensen, Phyllis Jessen. Also present were: City Manager Ed Shukle, Acting City Clerk Linda
Strong, Hennepin County Assessor Keith Rennerfeldt and Hennepin County Appraisers Stephanie
Nyhus and Deb Peterson.
Mayor Polston opened the Board of Review. He stated that the City Council is working to limit
the amount of money being taxed to residents through the City Budget and he asked that other
taxing bodies, such as the state legislature to do the same. He stated the City is bound by
Minnesota Statutes Chapter 273 to hold a board of review. He then introduced Keith
Rennerfeldt. He explained that this meeting is to give property owners the opportunity to
question the estimated market value on their properties that was set by the Hennepin County
Assessor's Office as of January 2, 1996. He explained that each person would be heard and the
Board of Review would reconvene on Monday, May 6, 1996 at 7 PM.
The following persons responded to the call to be heard either in person or by submitting their
concerns by letter. The following persons asked to have their property re-evaluated as they felt
the value too high.
1. PID #13-117-24 11-0072, DOUG BERDIE, 5028 ENCHANTED ROAD.
2. PID #13-117-24 22 0079, DARRELL MONTIETH, 5420 THREE POINTS//214.
3. PID #13-117-24 31 0031, BOB PUTNAM, 2132 OVERLAND ROAD.
PID #13-117-24 12 0023, PAUL KASTER, 1762 EAGLE LANE.
PID #24-117-24 44 0215, PAUL KASTER, 1831 DALE ROAD.
5. PID #14-117-24 32 0044, ROY DWORASKI, 6241 BIRCH LANE.
6. PID #30-117-23 22 0008, FRANK AHRENS, 4673 ISLAND VIEW DRIVE.
7. PID #13-117-24 11 0002, JOHN TURNACLIFF, 2560 AVON DRIVE.
8. PID #13-117-24 23 0046, JOHN MENGE, 1822 COMMERCE BLVD.
9. PID #23-117-24 34 0003, JOHN TIMBERG, 6049 RIDGEWOOD ROAD.
10. PID #13-117-24 21 0085, RICHARD McCURDY, 5330 THREE POINTS BLVD.
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Minutes - Mound City Council - Local Board of Review - April 23, 1996
11. PID #24-117-24 44 0185, R.K. ANDERSON, 3001 BRIGHTON BLVD.
12. PID #24-117-24 12 0062, GLENDA SIME, 2390 AVON DRIVE.
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PID #13-117-24 42 0016, PATRICK FURLONG, 5044 EDGEWATER DRIVE.
PID #25-117-24 12 0114, BARTOL CRUZ, 5135 DRUMMOND ROAD.
PID #24-117-24 13 0020, THOMAS JOHNSON, 5163 EMERALD DRIVE.
PID #19-117-23 33 0070, VINCENT FORYSTEK, 3131 INVERNESS LANE.
PID #19-117-23 33 0064, VINCENT FORYSTEK, 3131 INVERNESS LANE.
PID #19-117-23 33 0225, VINCENT FORYSTEK, 3131 INVERNESS LANE.
PID #19-117-23 33 0061, VINCENT FORYSTEK, 3137 INVERNESS LANE.
PID #13-117-24 24 0019, MICHAEL FITZGERALD, 5321 BAYWOOD SHORES DR.
PID #14-117-24 13 0002, CRAIG JOHNSON, 5849 GRANDVIEW BLVD.
PID #14-117-24 34 0004, SCOTT HOLTER, 2241 SOUTHVIEW LANE.
PID #13-117-24 41 0003, GLORIA ANDERSON, 2039 ARBOR LANE.
PID #24-117-24 43 0092, ROBERT HUTCHINS, 3054 BRIGHTON COMMONS.
PID #24-117-24 42 0005, NED DOW, 4994 MANCHESTER ROAD.
PID #18-117-23 23 0011, RAY DeMONT, 1936 SHOREWOOD LANE.
PID #19-117-23 13 0005, VERA BEE, 4333 WILSHIRE BLVD.
PID #13-117-24 31 0003, DANIEL BURNES, 2130 NOBLE LANE.
PID #24-117-24 24 0029, RUTH GRAY, 2640 LAKEWOOD LANE.
PID #13-117-24 21 0059, JOHN TOMBERS, 1736 BAYWOOD SHORES DRIVE.
Mayor Polston continued the Local Board of Review until Monday, May 6,
1996 at 7 PM, when the Board will reconvene.
182
MINUTES - MOUND CITY COUNCIL- kPRIL 23, 1996
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, April 23, 1996 at 9:15 PM, in the Council Chambers at 5341 Maywood Road, in
said City.
Those present: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen,
Phyllis Jessen. Also present: City Manager Edward J. Shukle, Jr., City Attorney Curt Pearson,
Building Official Jon Suthedand, Parks Director Jim Fackler and Acting City Clerk Linda
Strong.
The following interested citizens were also present: A.L. McDaniels, Jack Cook, John Tucker,
Mike Garberick, Mike Aspelin, Leah Weycker, Mike McCarville, Ronnie Henke, Jerry Henke,
Jeff Bjerkskett, Denny Flack, Mike Goldberg, Frank Ahrens and Rodrigo Plaza.
Mayor Polston opened the meeting and welcomed those in attendance.
The Pledge of Allegiance was recited.
1.0 PRESENTATION OF CERTIFICATE OF APPRECIATION TO RON AND JERRY
HENKE FOR BUILDING NEW PLANTER BOXES FOR THE ADOPT-A-GREEN
SPACE PROGRAM.
Mayor Polston stated that Ron Henke and his dad Jerry Henke had donated several hours in the
construction of ten new planter boxes to be used around downtown Mound for the Adopt-A-
Green Space program. He thanked them for their efforts and presented them with a plaque.
1.1 APPROVE MINUTES OF APRIL 9, 1996 REGULAR MEETING
Councilmember Hanus deleted the last sentence on item 1.1.
MOTION by Hanus, seconded by Ahrens to approve the Minutes of the April
9, 1996 meeting as amended. The motion carried unanimously.
1.2
APPROVE MINUTES OF APRIL 16, 1996 COMMITTEE OF THE WHOLE
MEETING.
Councilmember Hanus stated the time frame for variance approval is 15 years, not 20 as written
in the suggestions regarding variances.
MOTION by Hanus, seconded by Jensen, to approve the Minutes of the
Committee of the Whole of April 16, 1996 as amended. The motion carried
unanimously.
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Minutes - Mound City Council April 23, 1996
At this point, Mayor Polston asked the Council if they had any objection to putting all seven of
the Planning items onto a consent agenda. There was no objection.
MOTION by Jensen and seconded by Hanus to approve the seven planning
items included in the packet, Resolution //96-36 through //96-42 as
recoinmended by the staff and Planning Commission. The motion carried
unanimously.
The Clerk stated there were three items that had additions or changes made to them and these
were distributed before the meeting and need to be reviewed before a vote was called. The
Council then discussed these items and acted on the following:
1.3
CASE//96-07: MINOR SUBDIVISION JACK COOK, 4425/4458 DENBIGH
ROAD, LOTS 2 & 3, BLOCK 1, AVALON, PID 19-117 23 24 0002 & 0003.
Councilmember Jensen moved the retention of the lot of record status to the conclusion of the
resolution. Councilmember Hanus was concerned with the private utility easement, it should
be verified that one is needed.
Councilmember Hanus moved and Councilmember Jensen seconded the following resolution as
amended:
RESOLUTION//96-37
RESOLUTION TO APPROVE A MINOR
SUBDIVISION FOR 4452/4458 DENBIGH ROAD,
LOTS 2, 3 AND THE EAST 10 FEET OF 4, BLOCK 1,
AVALON, PID"S 19-11%23 24 0002 & 0003, PZ CASE
//96-07.
The vote was unanimously in favor. Motion carried.
1.4
CASE 96-15: MINOR SUBDIVISION, PAUL LARSON, 3051 INVERNESS LANE,
LOTS 1-3, BLOCK 9, PEMBROKE, PID 19-11%23 33 0071
Council discussed with Mr. I_arson and Building Official Jon Sutherland, the moving of the
garage from Parcel B onto Parcel A instead of removing it completely. It was agreed upon by
the applicant that the garage will be placed 16' from the existing house on Parcel A to leave
enough room for a new house to be built there in the future.
Councilmember Ahrens moved and Councilmember Jessen seconded the following resolution as
amended:
184
Minutes - Mound City Council April 23, 1996
RESOLUTION #96-41
The vote was unanimously in favor.
RESOLUTION TO APPROVE A MINOR
SUBDIVISION FOR 3051 INVERNESS LANE, LOTS
1, 2, 3, BLOCK 9, PEMBROKE, PID#19-117-23 33
0071, PZ CASE #96-15.
Motion carried.
1.5
CASE//96-17: SHED VARIANCE, MIKE MCCARVILLE, 5432 BREEZY ROAD
(NOTE: PLANNING COMMISSION WILL HEAR THIS REQUEST AT THE 4-22-
96 MEETING AND WILL FORWARD RECOMMENDATION FOR YOUR
CONSIDERATION.
The Council discussed with Building Official, Jon Sutherland, the elevation requirement for
properties riparian to Lake Minnetonka. The elevation of the shed is to be 931 and 931.4. Mr.
Sutherland explained that any alteration to land located at or below the elevation of 931.5
requires a permit from the Minnehaha Creek Watershed District (MCWD). He stated the lowest
floor of the shed must be located at or above the elevation of 933 according to Mound City
Code. Increasing the grade by using fill would not be acceptable. The applicant will work with
staff in the use of poles to raise the shed to the correct elevation. This item was only discussed.
The consent vote taken previously held.
RESOLUTION #96-42 RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
FRONT YARD SETBACK TO ALLOW
CONSTRUCTION OF A CONFORMING STOARGE
BUILDING AT 5432 BREEZY ROAD, LOTS 6, 7, 40
& 41, BLOCK 1, LAKESIDE PARK, A.L.
CROCKER'S 1ST DIVISION, PID 13-117-24 23 0012,
PZ #96-17.
The next four agenda items were approved by an earlier consent vote.
1.6
CASE #95-14: VARIANCE EXTENSION JEFF AND ELIZABETH
BJERKSKETT, 2605 TYRONE LANE, LOTS 1-3, BLOCK 17, SETON, PID 19-
117-23 23 0158.
RESOLUTION//96-36
RESOLUTION TO APPROVE A ONE YEAR
EXTENSION OF A VARIANCE ORIGINALLY
APPROVED BY RESOLUTION //95-46 FOR 2605
TYRONE LANE, LOTS 1, 2 & 3, BLOCK 17, SETON,
PID 19-117-23 23 0158, PZ CASE 95-14.
185
Minutes - Mound City Council April 23, 1996
1.7
1.8
1.9
CASE //96-11: MINOR SUBDIVISION, AL MCDANIELS, 4932 NORTHERN
ROAD, 2131 SANDY LANE, LOTS 33 & 34, SKARP & LINDQUIST'S
RAVENSWOOD, P1D 13-11%24 44 0061 & 0062.
RESOLUTION//96-38
RESOLUTION TO APPROVE A MINOR
SUBDIVISION FOR 4932 NORTHERN ROAD / 2131
SANDY LANE, LOTS 33 & 34, SKARP &
LINDQUIST'S RAVENSWOOD, PID 13-11%24 44 0061
& 0062, PZ CASE//96-11.
CASE //96-13: VARIANCE , JOHN TUCKER & DEBRA PETERSON 4949
ISLAND VIEW DRIVE, LOT 3, BLOCK 23, DEVON PID 25-11%24 12 0002.
RESOLUTION//96-39
RESOLUTION TO APPROVE A SIDE YARD
SETBACK VARIANCE TO ALLOW CONSTRUCTION
OF A GARAGE ADDITION AT 4949 ISLAND VIEW
DRIVE, LOT 3, BLOCK 23, DEVON, PID 25-117-23
12 0002, PZ CASE 96-13.
CASE 96-14: MINOR SUBDIVISION, PAUL LARSON, 2156 SANDY LANE,
LOTS 51 & 52, SUBD. OF LOTS 1 & 32, RAVENSWOOD, PID 13-117-24 44
0090.
RESOLUTION//96-40
RESOLUTION TO APPROVE A MINOR
SUBDIVISION FOR 2156 SANDY LANE, LOTS 51 &
52, SUBD. OF LOTS 1 & 32, RAVENSWOOD, PID 13-
117-24 44 0090, PZ CASE 96-14.
1.10 PRESENTATION OF WOODLAND POINT MEDIATION WORK GROUP
REPORT - CHUCK CHAMPINE
City Manager Ed Shulde stated the mediation group was established from the outcome of the
Flack vs. City of Mound lawsuit regarding the Wawonaissa Commons. This group of 18 people
representing the collection of interests in the Woodland Point had met several times and had
agreed to the proposed report now before the Council. Mr. Shukle stated the Council had only
until April 30, 1996 in which to decide whether to appeal the court's decision. The court's
decision would stand if they did nothing.
He then introduced Chuck Champine, the group's media representative. Mr. Champine thanked
the Council for recommending the mediation consultant as he kept the group in a positive
direction. He stated that all of the representatives had endorsed the proposed plan. He asked
the Council to consider the suggestions presented and to act soon as the dock and boating season
was about to begin.
186
Minutes - Mound City Council April 23, 1996
Mayor Polston applauded the efforts of the mediation group. Councilmember Hanus stated there
were several issues that required discussion and legal opinion as many suggestions in the report
would change current ordinances. City Manager Ed Shukle stated decisions made regarding
this commons issue would have an overall effect on all of the commons. Mayor Polston
suggested calling a special meeting to discuss the report further after staff had some time to
research the recommendations. Comments were made by the mediation group; they would like
some direction as it is boat season soon, perhaps try the recommendations in the report as a pilot
program this year, assess the situation following the boating season, etc. The Council had
concerns regarding the other non-litigant abutters and what could happen with them having docks
in front of their commons. What about the report - is it binding? Is it a contract?
The Council requested an actual dock layout plan be prepared and to present it to the Council
at the May 6th meeting. They asked that a few representatives work with Parks Director, Jim
Faclder, in developing a plan they could look at.
CONSENSUS by the Council was the Woodland Point Mediation Group
Report would return for Council discussion at the special meeting on May 6,
1996, following the reconvened Board of Review.
CONSENSUS by the Council was to not appeal the court decision in the
Flack vs. City of Mound lawsuit.
1.11 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
There were none.
1.12 BID AWARD: 1996 SEALCOAT PROJECT
City Manager Ed Shukle stated bids were opened on April 11, 1996 and the lowest bid was
$26,321.25 from Caldwell Asphalt Co., Inc of Hawick, Minnesota. This bidder has not
previously done any sealcoating for the city. Their references were checked out and they have
performed acceptably for a number of cities over the past years. The city of Minnetonka used
them for the three past years and was satisfied with their work. The City Engineer is
recommending that Caldwell Asphalt Co., Inc. be awarded the contract in the amount of
$26,321.25.
MOTION by Jessen, seconded by Hanus to award the 1006 gealeoat bld to
Caldwell Asphalt Co., Inc. in the amount of $26,321.25. The motion carried
unanimously.
187
Minutes - Mound City Council April 23, 1996
1.13
RESOLUTION APPROVING A LABOR AGREEMENT BETWEEN THE CITY OF
..MOUND AND TEAMSTERS LOCAL NO, 320, POLICE OFFICER,
..INVESTIGATOR/DETECTIVE AND JUVENILE OFFICER FOR THE PERIOD
BEGINNING 1-1-96 AND ENDING 12-31-97 AND AUTHORIZING THE MAYOR
AND CITY MANAGER TO SIGN THE AGREEMENT.
City Manager Ed Shukle stated the negotiations had concluded and a new labor contract for 1996
and 1997 has been tentatively agreed upon. He reviewed the changes mentioned in the
resolution and requested the Council approve the new labor contract.
Councilmember Ahrens moved and Councilmember Jensen seconded the following resolution:
RESOLUTION//96-43
RESOLUTION APPROVING A LABOR AGREEMENT
BETWEEN THE CITY OF MOUND AND
TEAMSTER'S LOCAL NO. 320, POLICE OFFICER,
INVESTIGATOR/DETECTIVE AND JUVENILE
OFFICER FOR THE PERIOD BEGINNING JANUARY
1, 1996 AND ENDING DECEMBER 31, 1997.
The vote was unanimously in favor. Motion carried.
1.14 RESOLUTION APPROVING A LABOR AGREEMENT BETWEEN THE CITY OF
MOUND AND LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL NO.
35. SUPERVISOR/STAFF SERGEANT AND SUPERVISOR/SERGEANT OF
PATROL FOR THE PERIOD OF 1-1-96 AND ENDING 12-31-97, AND
_AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN AGREEMENT.
City Manager Ed Shukle stated negotiations had concluded and a new labor contract for 1996
and 1997 has been tentatively agreed upon. He reviewed the changes mentioned in the
resolution and requested the Council approve the new labor contract.
Councilmember Jensen moved and Councilmember Ahrens seconded the following resolution:
RESOLUTION//96-44
RESOLUTION APPROVING A LABOR AGREEMENT
BETWEEN THE CITY OF MOUND AND LAW
ENFORCEMENT LABOR SERVICES (LELS) LOCAL
//35, SUPERVISOR/STAFF SERGEANT AND
SUPERVISOR/SERGEANT OF PATROL FOR THE
PERIOD OF JANUARY 1, 1996 AND ENDING
DECEMBER 31, 1997.
The vote was unanimously in favor. Motion carded.
188
Minutes - Mound City Council April 23, 1996
1.15 APPROVAL OF MUNICIPAL RECYCLING GRANT AGREEMENT AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE
AGREEMENT.
City Manager stated this was a renewal of the Municipal Recycling Grant Agreement from
Hennepin County.
MOTION by Jensen, seconded by Hanus to approve the renewal of the
Municipal Recycling Grant Agreement. The vote was unanimously in favor.
1.16 APPROVAL OF AN APPLICATION FOR A SIGN PERMIT AT THE SUPER
AMERICA FOR FAMILY HEALTH AND SAFETY DAY. CITY OF MOUND,
1.17
MAY 18, 1996.
MOTION by Ahrens, seconded by Jensen to approve the sign permit to be
placed at Super America for Family Health Day on May 18, 1996. The vote
was unanimously in favor. Motion carried.
APPROVAL OF A WEIGH-IN ONLY AT MOUND BAY PARK FOR
1.18
1.19
MINNETONKA BASS CLASSIC, SAT. JUNE 8, 1996.
MOTION by Jessen, seconded by Ahrens to approve the use of Mound Bay
Park for the Minnetonka Bass Classic weigh-in on Saturday, June 8, 1996.
The vote was unanimous. Motion carried.
PAYMENT OF BILLS.
MOTION made by Jensen, seconded by Hanus, to authorize the payment
of bills as presented on the pre-list in the amount of $143,264.92, when funds
are available. A roll call vote was unanimously in favor. Motion carried.
ADD ON - COMMONS TASK FORCE - PEMBROKE PARK DOCK
Mark Goldberg was present from the Commons Task Force and requested approval of funds to
come from the Docks Fund, to purchase and install a multiple dock configuration at the
Pembroke Park Commons. The amounts needed are up to $11,000 for the dock and $930 to
install and remove the dock this season. He asked the Council agree to a one year pilot program
with this type of dock plan for this area, the most congested dock area in be commons program.
MOTION by Polston, seconded by Jensen, to authorize spending up to
$11,930 from the Dock Fund for the purchase, installation and removal of a
multi-boat dock to be located at Pembroke Park Commons for the 1996
boating season. The vote was unanimous. Motion carried.
189
Minutes - Mound City Council April 23, 1996
1.20 ADD-ON-ABUTTING STATUS OF LOT 1, BLOCK 31, SETON.
City Manager Ed Shukle stated he had received confusing questions regarding what is to actually
happen at the Excelsior Lane Commons by residents in the area that are non-abutting dock
holders. He asked the Council to define their previous decision of March 26, 1996, Resolution
//96-32. Was it the intent to have all of the dockholders shift down one position to make a dock
position available near the property in question, or was the property in question going to receive
a dock site in the approximate area? Councilmember Ahrens stated she did not realize that the
docks were permanently installed. Jim Fackler, Parks Director, stated the docks were semi-
permanent as the lake bottom was mucky and large poles were used in the installation of the
docks at this commons and most of then0 do not come out during the winter. He had also talked
to the builder and current owner of the property in question and they agreed to a dock site in
the area. Councilmember Ahrens stated that if a new owner comes along and the status is
abutting, they may want a dock right by their house.
1.21 INFORMATION/MISCELLANEOUS:
Ao
FINANCIAL REPORT FOR MARCH, 1996 AS PREPARED BY GINO
BUSINARO, FINANCE DIRECTOR.
B. PLANNING COMMISSION MINUTES OF APRIL 8, 1996.
Co
PARK COMMISSION MINUTES OF APRIL 11, 1996 (TO BE HANDED OUT
TUESDAY NIGHT).
D. ANNOUNCEMENT: CELEBRATE SUMMER MUSIC IN THE PARK.
Eo
NOTICE FROM THE LEAGUE OF MINNESOTA CITIES: LMC POLICY
COMMITTEES. IF YOU ARE INTERESTED IN BEING A MEMBER OF A
POLICY COMMITTEE, PLEASE LET LINDA KNOW AND SHE CAN
REGISTER YOU.
LETTER AND INFORMATION FROM DENNIS MILLER, DRUG COURT
PLANNING COORDINATOR, HENNEPIN COUNTY RE: COMMUNITY
FORUM ON A DRUG COURT PLANNING INITIATIVE. IT IS
SCHEDULED FOR MONDAY. APRIL 29, 1996, 7 PM, AT PLYMOUTH
FIRE STATION #3.
Go
REMINDER: SPRING CLEANUP AND RECYCLING DAY, SATURDAY,
APRIL 27, 1996, LOST LAKE SITE.
REMINDER: ANNUAL PARKS TOUR, TUESDAY, APRIL 30, 1996, 6:30
PM.
190
Minutes o Mound City Council April 23, 1996
City Manager Ed Shukle stated that a company named Southern Minnesota Construction Co.
(SMCC) has leased ten acres of land on Halstead Drive and County Road 110 in Minnetrista,
for a compost/brush drop off site for the public. It will open June 1, 1996 through November
30. There will be a charge to all users to dispose of compost materials. The City of Mound
will discontinue the site at Lost Lake on May 26, 1996.
MOTION by Jensen, seconded by Ahrens to adjourn the meeting.
was unanimous. Motion carried.
Attest Acting City Clerk
The vote
Meetin~i at ll:O0~x~
191
BILLS
.April 23, 1996
Batch 6042
Total Bills
$143,264.92
$143,264.92
19lA