1994-05-24May 24, 1994
MINUTES - MOUND CITY COUNCIL - BOARD OF REVIEW - MAY 24, 1994
CONTINUED FROM MAY 10, 1994
Pursuant to due call and notice thereof, the Board of Review reconvened in the Council
Chambers of the City of Mound, Hennepin County, Minnesota, at 5341 Maywood Road, in said
City on May 24, 1994, at 7:00 PM.
Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Phyllis Jessen and
Ken Smith. Councilmember Liz Jensen was absent and excused. Also present were: City
Manager Edward J. Shukle, Jr., Acting City Clerk Linda Strong, Hennepin County Assessor
Keith Rennerfeldt and Hennepin County Appraiser Craig Paulson, and the following interested
citizens: Mr. and Mrs. V.S. Snodgrass.
1.0 Mayor Johnson opened the reconvened Board of Review and introduced Keith
Rennerfeldt, Assessor for Hennepin County and Craig Paulson, Appraiser for Hennepin County.
Mr. Rennerfeldt stated that they had spoken with the persons that had appeared before the
Council or wrote letters for the May 10, 1994 meeting and he was presenting the County's
decisions as to the value of the properties questioned. It was stated that the property owner
could appeal the City's decision at the Hennepin County Board of Review June 13 - 24, 1994.
The county must be notified prior to appearing.
PID #23-117-24 34 0096 VERNON SNODGRASS, 3025 LONGFELLOW
PID #23-117-24 34 0097 VERNON SNODGRASS, 3025 LONGFELLOW
The Assessor suggested no change in the value of this property. Mr. Snodgrass was
present and stated his disagreement with the Assessor's decision.
MOTION by Jessen and seconded by Smith to accept the Assessor's recommended
no change in value on PID #23-117-24 34 0096 at $100,000 and Pid #23-117 24 34
0097. The vote was 4 to 0 in favor. Motion carried.
PID #13-117-24 41 0005 - CLIFFORD LARSON, 2051 ARBOR LANE
The Assessor recommended reducing the EMV of this property from $157,000 to
$142,000.
PID #13-117-24 11 0117 - DEWEY WHITE, 4929 3 PTS. BLVD.
The Assessor recommended reducing the EMV of this property from $160,000 to
$149,000.
PID #13-117-24 22 0119 - KELLOGG OLSON, 5410 3 PTS. BLVD.
The Assessor recommended no change in the EMV of $56,800.
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24, 1994
PID #13-117-24 23 0038 - BARB SIDDERS, 5525 SHERWOOD DRIVE
The Assessor recommended reducing the EMV of this property from $238,000 to
$228,000.
PID #23-117-24 43 0020 - GUS KNOTT, 5937 RIDGEWOOD ROAD
The Assessor recommended no change in the EMV of $86,000.
PID #24-117-24 13 0001 - TERRENCE WULF, 2600 RUBY LANE
The Assessor recommended reducing the EMV on this property from $171,000 to
$152,000.
PID #13-117-24 22 0267 THOMAS WILLIAMS, 5551 - 3 PTS. BLVD.
The Assessor recommended no change in the EMV of $211,000.
PID #23-117-24 23 0057 SHIRLEY SPRAGUER, 2785 HALSTEAD LANE
The Assessor recommended reducing the EMV on this property from $129,000 to
$126,000.
PID #30:117-23 22 0008 ANDREA AHRENS, 4673 ISLAND VIEW DRIVE
Councilmember Andrea Ahrens stated she would wait with her comments until all of the
others had been covered with a decision and vote.
PID g22-117-24 44 0003 - BOB FLOEDER, 3027 BLUFFS LANE
The Assessor recommended no change in the EMV of $151,000.
PID #19-117-23 33 0057 - VINCE FORYSTEK, 3109 INVERNESS
PID #19-117-23 33 0058 - VINCEFORYSTEK, INVERNESS (LAND ONLY)
PID #19-117-23 33 0061 - VINCE FORYSTEK, 3137 INVERNESS
The Assessor recommended no change in the EMV on the above three properties,
$10,000, $5,000 and $58,000, respectively.
PID #13-117-24 32 0142 - MIKE BARLOW, 2072 COMMERCE BLVD.
The Assessor recommended no change in the EMV of $69,000.
PID #13-117-24 33 0006 - CURT L. JOHNSON, 5545 SHORELINE DR.
The Assessor recommended reducing the EMV of this property from $88,000 to
$85,000.
PID #22-117-24 44 0031 MIKE MALASKE, 6557 BARTLETT BLVD.
The Assessor recommended no change in the EMV of this property of $151,000.
PID #30-117-23 22 0008
ANDREA AHRENS, 4673 ISLAND VIEW DRIVE
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May 24, 1994
Councilmember Ahrens removed herself from the Council and spoke before the Assessor
protesting the proposed EMV of her property.
1.1
MOTION made by Jessen and seconded by
recommended EMV of PID #30-117-23 22 0008.
Ahrens abstained.
Smith to accept the Assessor's
The motion passed on a 3 - 0 vote.
1.2
Councilmember Ahrens moved and Councilmember Smith seconded the following
resolution:
RESOLUTION #94-68
RESOLUTION
ASSESSMENT
CORRECTED
ADOPTING THE ENTIRE
ROLL AS PRESENTED AND
The vote was unanimously in favor. Motion carried.
MOTION by Smith, seconded by Jessen and carried unanimously to adjourn the
reconvened Board of Review at 7:45 PM. Motion carried.
MINUTES - MOUND CITY COUNCIL - MAY 24, 1994
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
May 24, 1994, in the Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Phyllis Jessen and
Ken Smith. Absent and excused: Liz Jensen. Also present were: City Manager Edward J.
Shukle, Jr., Acting City Clerk Linda Strong, City Attorney Curt Pearson, and the following
interested citizens: Merrit and Nathan Geyen, Betty Watson, Donna Easthouse, Holly Schluter,
Bob Smith, Bob and Ed Vanecek, Jamie Emmings, David and Betz Goman, Kengkham Donang
Thammavongsa, Don Fulton, Lorrie Ham.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
Mayor Johnson announced the Recyclotto Winner to be Kellie Emmings and Jamie Emmings
accepted the 50 Westonka Dollars.
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May 24, 1994
1.3 MINUTES
MOTION by Smith, seconded by Jessen and carried unanimously to approve the
minutes of the May 10, 1994 Board of Review, the May 10, 1994 regular meeting,
the May 17, 1994 Reconvened Special Meeting, and the May 17, 1994 Committee of
the Whole.
1.4
PUBLIC HEARING: CASE//94-28: AL AND ALMA'S, 5186 TUXEDO BLVD.,
LOTS 22 & 23, WHIPPLE SHORES, PID //24-227-24 35 0006. REQUF~T:
AMENDMENT TO CONDITIONAL USE PERMIT,
Building Official, Jon Sutherland, reviewed the applicant's request to modify their existing
conditional use permit to allow the docking of a 63 foot boat in place of a 52 foot boat at lots
22 and 23. This boat would also accommodate handicapped patrons. Mayor Johnson opened
the Public Hearing asking if anyone present wished to speak on this item. There was no one.
The Mayor closed the Public Hearing.
Ahrens moved and Smith seconded the following resolution:
RESOLUTION g94-69
RESOLUTION TO AMEND RESOLUTION //84-26
APPROVING A CONDITIONAL USE PERMIT TO
CONSTRUCT DOCKS IN A RESIDENTIAL AREA AT
5186 TUXEDO BLVD., LOTS 22 & 23, WHIPPLE
SHORES, PID //24-117-24 34 0006 FOR AL AND
ALMA'S, P&Z CASE g94-28.
The vote was unanimously in favor. Motion carded.
1.5
CASE//93-049: JOE FLEISCHHACKER, 5601 BARTLETT BLVD., PART OF
GOVT. LOT 1, SECTION 23, PID//23-117-24 14 0001, VARIANCE FOR DECK.
The Building Official stated that at the last meeting the Council directed the staff to prepare a
resolution approving the variance. The proposed resolution was presented.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION//94-70
RESOLUTION TO APPROVE A SETBACK
VARIANCE TO AN INDIAN MOUND TO ALLOW
CONSTRUCTION OF A DECK AT 5601 BARTLETT
BLVD., PART OF GOVERNMENT LOT 1, SECTION
23, PID//23-11%24 14 0001, P & Z CASE//93-049
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May 24, 1994
The vote was unanimously in favor. Motion carried.
1.6
CASE //94-18: LARRY & CHRISTINE HAUSKIN$, 1749 BLUEBIRD LANE,
LOTS 13 & 14. BLOCK 9, DREAMWOOD, PID #13-117-24 24 0005, VARIANCE
FOR PORCH & DECK.
The Building Official stated that at the last meeting the Council directed the staff to prepare a
resolution approving the variance. The proposed resolution was presented.
Ahrens moved and Smith seconded the following resolution:
RESOLUTION//94-71
RESOLUTION TO APPROVE A REAR YARD
SETBACK VARIANCE AND A VARIANCE TO
IMPERVIOUS SURFACE COVERAGE AT 1749
BLUEBIRD LANE, LOTS 13 & 14, BLOCK 9,
DREAMWOOD, PID #13-117-24 24 0005, P & Z CASE
//94-18
The vote was unanimously in favor. Motion carried.
1.7
CASE//94-24: EDWARD VANECEK, 2345 FAIRVIEW LANE, LOT 9, BLOCK
3. L.P. CREVIER'$ SUBD, OF PART OF LOT 36 LAFAYETTE PARK, PID #13-
117-24 43 0084, VARIANCE FOR GARAGE ADDITION.
The Building Official explained the request. The Planning Commission recommended approval
subject to the removal of the existing parking area, driveway, and access at the Fairview Lane
side of the house. This area to be returned to green space or lawn area, thereby reducing the
impervious cover variance by 420 square feet. The Council asked the applicant if he agreed
with the Planning Commission recommendation? The applicant stated that he agreed.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION//94-72
RESOLUTION TO APPROVE AN IMPERVIOUS
COVER VARIANCE AND TO RECOGNIZE A
NONCONFORMING SIDE YARD SETBACK AND
LOT AREA VARIANCE, TO ALLOW
CONSTRUCTION OF AN ADDITION AT 2345
FAIRVIEW LANE, LOT 9, BLOCK 3, L.P.
CREVIER'S SUBD. OF PART OF LOT 36
LAFAYETTE PARK, PID #13-117-24 43 0084, P & Z
CASE//94-24
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May 24, 1994
The vote was unanimously in favor. Motion carried.
1.8
CASE//94-25: DAVID AND BETSY GOMAN, 2440 CHATEAU LANE, PART OF
LOTS 8 & 9, BLQCK 1, SHIRLEY HILLS UNIT D, PID //24-117-24 12 0048,
VARIANCE FOR GARAGE ADDITION.
The Building Official explained the request. The Staff and the Planning Commission
recommended approval under the condition that the hardcover calculations be clarified with the
Staff. That has been done.
Ahrens moved and Jessen seconded the following resolution:
RESOLUTION g94-73
RESOLUTION TO APPROVE AN IMPERVIOUS
COVER VARIANCE AT 2440 CHATEAU LANE,
PART OF LOTS 8 & 9, BLOCK 1, SHIRLEY HILLS
UNIT D, PID//24-117-24 12 0048, P & Z CASE//94-25
The Council discussed the drainage of the driveway and the hard cover variance.
Official stated he has reviewed the drainage and .that will not be a problem.
Official explained that the applicant has reduced the size of the garage from 21'
26' to minimize the variance to the hardcover.
The Building
The Building
x 26' to 19' x
The vote was unanimously in favor. Motion carried.
1.9
CASE #94-27: MARK & DAWN BERG, ~55 WARNER LANE. LOT 61.
WHIPPLE, PID//25-11%24 21 0130, VARIANCE FQR ADDITIONS.
The Building Official explained the request. The Planning Commission recommended approval.
Smith moved and Ahrens seconded the following resolUtion:
RESOLUTION g94-74
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE AN EXISTING NONCONFORMING
SIDE YARD SETBACK AND LOT WIDTH TO
ALLOW CONSTRUCTION OF A CONFORMING
ADDITION AT 3355 WARNER LANE, LOT 61,
WHIPPLE, PID//25-117-24 21 0130, P & Z CASE//94-
27
The vote was unanimously in favor. Motion carded.
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May 24, 1994
1.10
CASE//94-29: DONALD H. FULTON, 5952 IDLEWOOD ROAD, LOTS 22, 23,
24 & E 10' OF 25, BLOCK 1, THE HIGHLANDS, PID #23-117-24 42 0105
VARIANCE FOR NEW DWELLING.
The Building Official explained the request. The Planning Commission recommended approval
with the findings and conditions as prepared by the Building Official. The Building Official
recommended modifying item #1 in the proposed resolution after the Now, Therefore, Be It
Resolved, to read as follows:
The City does hereby grant a 3 foot front yard setback variance to allow
construction of a new dwelling with a 15 foot setback to the wetland, ordinary
high water, and conforming side yard setbacks.
He further reported that if the applicant is required to maintain a 30 foot front yard setback to
the street, he would encroach into the wetlands. It he is granted the 3 foot variance, it will keep
the building from encroaching. The Wetland Ordinance allows a 0 setback to the ordinary high
water (wetland). The Building Official stated that if them are any substantial changes in the
proposed placement of the new dwelling, he will bring the case back to the Planning
Commission and City Council.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION//94-75
RESOLUTION TO APPROVE A 3 FOOT FRONT
YARD SETBACK VARIANCE TO ALLOW
CONSTRUCTION OF A NEW DWELLING AT 5952
IDLEWOOD ROAD, LOTS 22, 23, 24 & E 10' OF 25,
BLOCK 1, THE HIGHLANDS, PID #23-117-24 42
0105, P & Z CASE//94-29
The vote was unanimously in favor. Motion carried.
1.11 CASE g94-23: ROD LARSON & MYRNA NOYD, 2976 HIGHLAND BLVD.,
THAT PART OF BLOCKS 1 & 2, INCL. BUCKEE DR. NOW VACATED,
"MINNESOTA BAPTIST SUMMER ASSEMBLY", PID #23-117-24 41 0016,
VARIANCE FOR GARAGE.
The Building Official explained that the applicant is requesting the following variances:
a. Hardcover - 12 square feet; and
b. To recognize an existing nonconforming second dwelling on the street side of the
parcel;
in order to construct a 34' x30' garage addition onto the principal dwelling.
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May 24, 1994
The street side dwelling is nonconforming as a second dwelling in the R-1 zoning district and
is also nonconforming to the 30 foot front yard setback requirement. It is being used as a rental
unit. Staff was unable to find any permit history where the City approved it as a rental unit or
a dwelling unit. He recommended that the street side dwelling's use should be discontinued at
the earliest opportunity.
The staff and Planning Commission recommended approval of the variance to allow construction
of the garage with conditions as listed in the proposed resolution submitted this evening.
The City Attorney stated that a nonconforming use should not be allowed to expand. He further
asked if there were two sewer and water assessments paid and if there are two separate services.
The Building Official stated that there are no sewer & water records to indicate when the
dwellings were hooked-up to the water and sewer or if there are two hookups and he does not
know if the property paid 2 units as an assessment. The Council discussed the rental unit being
a nonconforming use.
MOTION made by Smith, seconded by Jessen to table this item until the next
meeting and allow staff to gather more information on the sewer and water
assessments and hookups to this property. The vote was unanimously in favor.
Motion carried.
The City Attorney called to the Council's attention Section 350:420, Subd. 1 of the Code which
reads as follows: "Any structure or use lawfully existing upon the effective date of this Chapter
may be continued at the size and in a manner of operation existing upon such date." He pointed
out that the key words are "lawfully existing". The City Attorney stated that the Council will
have to make a determination whether this is a legal nonconforming use or an illegal
nonconforming use. If it is determined that it is an illegal nonconforming use, then granting the
variance would be an expansion of a nonconforming use.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.12 SET PUBLIC HEARING.
MOTION made by Ahrens, seconded by Smith set June 14, 1994, for a public
hearing to consider an amendment to the Mound Zoning Code Section 350:310, to
add a definition for "Victim~ of Domestic Abuse Shelter" and to consider an
amendment to the Mound Zoning Code Section 350:670 to modify the text of the
existing code to add "Victims of Domestic Abuse Shelters" to the listing of uses
allowable in the General Business (B-2) Zoning Districts by issuance of a Conditional
Use Permit. The vote was unanimously in favor. Motion carried.
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1.13
1.14
May 24, 1994
SET PUBLIC HEARING.
MOTION made by Jessen, seconded by Ahrens to set June 28, 1994, for a public
hearing to consider the issuance of a Conditional Use Permit to allow a "Victims of
Domestic Abuse Shelter" within the General Business (B-2) District at 1730
Commerce Blvd. (Old Fina Station site). The vote was unanimously in favor.
Motion carried.
DISCUSSION: LMCD CAR/TRAILER PARKING AGREEMENT.
The City Manager explained that the goal established by the DNR is to identify 700 car/trailer
parking spaces around Lake Minnetonka. Each city around the lake has be asked to consider
an Agreement with the LMCD and the DNR to provide identifiable parking spaces within 2,000
feet of an access, which in Mound's case is Mound Bay Park. We have identified 43 spaces as
car/trailer parking spaces, which are detailed in the Parking Agreement along with signing off
on other related matters as it deals with the access site and the car/trailer parking.
The City Manager referred to Draft Report of the 1992 Lake Minnetonka Lake Access Task
Force, specifically//9 of the Summary & Conclusions which reads:
Car/trailer parking meeting the physical standards noted elsewhere in this report will be
certifiable by the LMCD as counting toward the 700 goal on the following basis:
a. 100% of the street or remote lot parking spaces will count if:
There is a parking agreement OR
The street or remote parking is posted "car/trailer only".
b. 80% of the street or remote lot parking spaces will count if:
There are signs at the launch ramp showing where to park.
There are street signs pointing out the direction of the launch ramp.
The ramp and parking location can be put on an access map.
c. 60% of the street or remote lot parking spaces will count if:
none of the above conditions are met.
The Council, at their Committee of the Whole Meeting, supported item 9.c. which would reduce
the number of spaces from 43 to 37. The City Manager asked if the signage at Mound Bay Park
would include the 6 spaces on Beachwood Road? The Council indicated that the signage would
not include the spaces on Beachwood Road.
MOTION made by Johnson, seconded by Smith authorizing the Mayor and City
Manager to execute the Agreement with the LMCD regarding the Lake Access
Parking, not listing on the sign (the map of parking at the access site) the spots on
Beachwood Road and therefore counting them at 60% or 37 spaces. There will also
be no signage on Beachwood Road indicating car/trailer parking only.
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May 24, 1994
There was discussion about not initialing items 2 and 5 under Cooperating Provisions of
the Agreement.
The vote was 3 in favor with Jessen voting nay. Motion carried.
1.15 LICENSES/PERMITS - MOUND CITY DAYS.
MOTION made by Jessen, seconded by Ahrens to authorize the issuance of the
following permits for Mound City Days: Set-Up permit - Waiving fee
Temporary On-Sale Nonintoxicating Malt Liquor Permit June 18, 1994 - Pond Arena and
June 19, 1994 - Mound Bay Park - Beer only to be served in the tent,
no one to be allowed outside the tent in the park with beer. These
permits to be issued contingent upon all insurance and other forms
being executed and turned in. The vote was unanimously in favor.
Motion carried.
1.16 PAYMENT REQUEST #1 - 1994 LIFT STATION IMP. $46,544.30, RICE LAKE
CONTRACTING.
The City Manager reported that the City Engineer has recommended approval of this payment
request.
Motion made by Smith, seconded by Ahrens to approve Payment Request #1, in the
amount of $46,544.30, to Rice Lake Contracting, for the 1994 Lift Station
Improvement, when funds become available. The vote was unanimously in favor.
Motion carried.
1.17
AUTHORIZE THE CITY ENGINEER TO PREPARE PLANS AND
SPECIFICATIONS FOR PUBLIC WORKS STORAGE SITE AT THE CITY OF
MINNETRISTA.
The City Manager explained that on May 16, 1994, the City of Minnetrista approved the Joint
Powers Agreement between the Cities of Mound and Minnetrista for construction of a public
works storage site at the City of Minnetrista. The City of Mound now needs to authorize the
City Engineer to prepare plans and bid specifications for the construction of the access road for
the joint public works storage site at the City of Minnetrista.
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May 24, 1994
MOTION made by Smith, seconded by Johnson to authorize the City Engineer to
prepare plans and bid specifications for the construction of the access road for the
joint (Mound/Minnetrista) public works storage site at the City of Minnetrista. The
vote was unanimously in favor. Motion carried.
1.18 PAYMENT OF BILLS
MOTION made by Ahrens, seconded by Smith to authorize the payment of bills in
the amount of $298,139.08, as presented on the pre-list, when funds are available
except for the following:
$280.75 McCombs Frank Roos - Flack Case
$225.50 McCombs Frank Roos - Munson Mitigation Plan
Councilmember Ahrens stated she is opposed to paying for these not because they are paid for
with City funds but because they are only being paid for by dockholders funds.
A roll call vote was unanimously in favor. Motion carried.
MOTION made by Johnson, seconded by Jessen to authorize payment of the
following allocating these costs as indicated on the bill list (Fund 81-4350-3100):
$280.75 McCombs Frank Roos - Flack Case
$225.50 McCombs Frank Roos - Munson Mitigation Plan
A roll call vote was 3 in favor with Ahrens voting nay. Motion carried.
INFORMATION/MISCELLANEOUS:
A. Financial Report for April 1994 as prepared by Gino Businaro, Finance Director.
B. L.M.C.D. Mailings.
C. REMINDER: Ceremony at Westonka Senior Center for Senior Center Achievement
Award for the State of Minnesota - first place & national - second place, Monday, May
23, 1994, 7:00 P.M.
D. Fishing Pier at Centerview Beach area will be installed the first week of June by the
DNR.
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May 24, 1994
REMINDER: Around Mound Run/Walk, Saturday, Jun 11, 1994, Mound Bay Park -
See enclosed flyer.
REMINDER: Mound Volunteer Fire Dept. Fish Fry, Saturday, June 11, 1994, 4-8
P.M., Fire Station.
G. REMINDER: Mound City Days, June 17-19, 1994.
H. Planning Commission Minutes of May 9, 1994.
1.19 PELICAN POINT
Councilmember Ahrens stated that under the LMCD guidelines, this property would be entitled
to 56 dock locations but all they are asking for is 40 and she is concerned that they are getting
resistence from the LMCD. The Mayor stated that if you consider the island as shoreline, they
would be entitled to 56 but that he feels the island should not be considered in figuring
shoreline. The mainland has approximately 1300 feet of shoreline and that means they are
entitled to only 26 dock sites, but they could have more than one boat per dock. The Mayor
stated that according to the preliminary plat that has been submitted to Planning Commission and
will come to the Council on June 14th, shows one dock per unit or a 40 slip mini-marina.
The Council asked that the Staff find out from the LMCD if this has been discussed and where
it is going.
MOTION made by Ahrens, seconded by Jessen to adjourn at 9:15 P.M. The vote
was unanimously in favor. Motion carried.
Attest: City Clerk
ul~, Jr.,"L'~y Manager
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BILLS -May 24, 1994
BATCH 4043 $155,812.58
BATCH 4052 142,326.50
TOTAL BILLS $298,139.08
25'7