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1988-05-1065 May 10, 1988 1 1 1 MINUTES - MOIIND CITY COIINCIL - BOARD OF REVIEW MAY 10, 1988 Pursuant to due call and notice thereof, the Board of Review con- vened in the Council Chambers of the City of Mound, Hennepin County, Minnesota, at 5341 Maywood Road, in said City on May 10, 1988, at 7:30 P.M. Those present were: Mayor Steve Smith, Councilmembers Don Abel, Liz Jensen, Phyllis Jensen and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Hen- nepin County Assessors Keith Rennerfeldt and Mike McDonald. Mayor Smith opened the Board of Review and explained that this meeting is to give property owners a chance to question the assessed value placed on their property by the County Assessor as of January 2, 1988. He explained that each person would be heard and the Board of Review will reconvene at a later date and bring back their final decision on each property. Hennepin County Assessor, Keith Rennerfeldt, explained that one fourth of the city is reviewed in detail each year and this year the quadrant was North of Shoreline Blvd. and East of Commerce Blvd. He stated that 7.6~ (231) of the total properties in Mound were sold last year. After these properties sold a study was done and the sales ratio was at 92.5 of sale prices. Overall, values increased 5.3~ in Mound. The sales of parcels has shown no change in the land values of property off the lake but on the lake sales showed that values of land needed to be increased at least 15~. The following persons responded to the call to be heard either in person and by calling and asking to have their name submitted. They all asked to have the value of their property rechecked be- cause they felt it was too high. 1. PID #13-117-24 32 0140 - BOB BURLEY, 2044 COMMERCE BLVD. 2. PID #13-117-24 41 0006 - SHARON MEIER, 4888 EDGEWATER DR. 3. PID #23-117-24 34 0003 - WILLIAM HARDER, 6049 RIDGEWOOD RD. 4. PID #19-117-23 13 0083 - ELLEN GRAVLEY, 4379 WILSHIRE BLVD. #C-108 5. PID #18-117-23 23 0016 - DOROTHY GERARD, 1960 SHOREWOOD LN. 6. PID #13-117-24 23 0039 - MIKE DOSHAN, 5513 SHERWOOD DR. 7. PID #25-1.17-24 12 0181 - HARVEY BERGQUIS'I', 5038 SULGROVE PID #25-117-24 12 0192 - HARVEY BERGQUIST & PAUL HENRY 66 May 10, 1988 0193 0194 0179 0180 0004 8. PID #25-117-24 12 0223 - PAUL HENRY, 5056 SULGROVE 9. PID #13-117-24 21 0085 - RICHARD & MARY MC CURDY, 5330 THREE POINTS BLVD. 10. PID #13-11?-24 43 0060 - CHARLES GRAMITH, 233 W. GRANDVIEW AVE., ROSEVILLE, MN. 55113 (PROPERTY ADDRESS: 2221 CHATEAU) 11. PID #24-117-24 23 0021 - LEROY HOLDEN, 5459 BARTLETT BLVD. 12. PID #24-117-24 13 0003 - CHARLES JACKSON, 6311 BAYRIDGE RD. 13. PID #13-117-24 32 0160 - BOB JOHNSON, 5488 TONKAWOOD ROAD 14. PID #19-117-23 31 0004 - DENNIS FULRATH, 4580 DENBIGH ROAD 15. PID #13-I17-24 22 0001 - RAYMOND FALLS, 5503 THREE POINTS 16 PID #23-117-24 13 0066 BLVD. - B J MALCHESKI 5830 BARTLETT BLVD . . . , . 17. PID #12-117-24 43 0003 - ROGER POLLEY, 1559 EAGLE LANE 18. PID #13-117-24 32 0142 - MIKE BARLOW, 2072 COMMERCE BLVD. 19. PID #13-117-24 31 0023 - DAYTON WILLIAMSON, 2012 VILLA LANE 20. PID #19-117-23 24 0060 & - (F106) PID #19-117-23 13 0129 - (D206) TED FOX, 4363 WILSHIRE BLVD. 21. PID #22-117-24 44 0004 - BERNARD BENZ, 3035 BLUFFS LANE. 22. PID #30-117-23 22 0086 - SCOTT MACK, 4657 ISLAND VIEW DR. 23. PID #13-117-24 31 0080 - GLEN SMITH, 2174 OVERLAND 24. PID #13-117-24 23 0041 - JOHN OLSON, 2060 WATERSIDE LANE 25. PID #13-117-24 23 0022 - LEANNE PEDERSON, 2050 WATERSIDE LN. 26. PID #19-117-23 31 0104 - RONALD JOHNSON, 4416 DORCHESTER 27. PID #24-117-24 24 0011 - LEE JESSEN, 5189 EMERALD DRIVE 28. PID #13-117-24 21 0067 - J.D. SKELTON & M.U. BROWN, 1770 67 May 10, 1988 1 n 1 PID #13-117-24 22 0055 - BAYWOOD SHORES DRIVE 29. PID #24-117-24 41 0186 - LAWRENCE JOHNSON, 4842 BRUNSWICK 30. PID #24-117-24 22 0031 - JOHN KUHLMAN, 2503 LOST LAKE ROAD 31. PID #13-117-24 31 0073 - CLARK PETERS, 2146 NOBLE LANE 32. 'PID #22-117-24 44 0031 - MIKE MALASKE, 6557 BARTLETT BLVD. 33. PID #23-117-24 32 0029 - RICHARD SMITH, 6600 MOHAWK DR., • EDINA, MN. (PROPERTY ADDRESS: WESTEDGE BLVD.) 34. PID #19-117-23 34 0081 - JOHN PRICE, 3110 ISLAND VIEW DR. 35. PID #25-117-24 11 0035 - MARK RECKINGER, 4841 ISLAND VIEW DR. 36. PID #23-117-24 32 0047 - DOUG BRYCE, 2865 HALSTEAD LANE 37. PID #13-117-24 23 0011 - GARY BREUHAN, 5420 BREEZY RD. 38. PID #22-117-24 43 0013 - BILL MEYER, 6601 BARTLETT BLVD. 39. PID .#22-117-24 44 0005 - DALE SHERBURNE, 6511 BAY RIDGE RD. 40. PID #13-117-24 21 0054 - RICHARD HASCALL, 1733 BAYWOOD LANE 41. PID #24-117-24 41 0012 - DAVID O'DONNELL, 2914 BRADFORD LANE 42. PID #13-117-24 22 0002 - BRUCE BICKNELL, 5515 3 PTS. BLVD. 43. PID #13-117-24 22 0003 - ROBERT LUND, 5525 3 PTS. BLVD. 44. PID #13-117-24 12 0015 - EARL BARRETT, 1669 FINCH LANE PID #13-117-24 12 0014 PID #13-117-24 12 0016 45. PID #13-117-24 24 0023 - JAMES ROBERGE, 1733 BLUEBIRD LANE 46. PID #13-117-24 32 0128 - RICHARD PETERSON, 5129 SPRUCE RD. PID #13-117-24 32 0139 . 47. PID #13-117-24 21 0058 - DONALD THOMAS, 1724 BAYWOOD LANE MOTION made by Jensen, seconded by Abel to reconvene the Board of Review on Tuesday, May 24, 1988, at 7:30 P.M. in the City Council Chambers at 5341 Maywood Road. The vote was unanimously in favor. Motion carried. 68 May l0, 1988 MINITTES - MOUND CITY COUNCIL - MAY 10, 1988 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 10, 1988, at 10:00 P.M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers 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, City Engineer John Cameron, Building Offi- cial Jan Bertrand, L.M.C.D. Representative Tom Reese, Cable Con- sulting Attorney Tom Creighton, Cable Analyst Kevin Cattoor, Mary Smith representing Dowden Communications, Jim Vaughn representing Triax, and the following interested citizens: Jim Bedell, Oswin Pflug, Mark Roufs, Charles Gramith, Martin Luebke. MINUTES MOTION made by Abel, seconded by Jensen to approve the minutes of the April 26, 1988. Regular Meeting, as sub- mitted. The vote was unanimously in favor. Motion carried. CONTINUATION OF PUBLIC HEARING: PROPOSED SALE OF DOWDEN COM- MUNICATIONS OF MINNESOTA Cable Consultant Tom Creighton and Financial Analyst Kevin Cat- toor.were present. Mr. Creighton explained that Dowden has worked out an agreement with the Northwest Cable System to gain access to Regional Channel 6. They presented a resolution recom- mending approval of the sale and transfer of Dowden to Triax. The Mayor reconvened the public hearing. There were no comments. The Mayor closed the public hearing. Johnson moved and Jessen seconded the following resolution: RESOLUTION #88-75 RESOLUTION APPROVING THE SALE AND TRANS- FER OF OWNERSHIP IN CABLE SYSTEM AND TRANSFER OF CABLE FRANCHISE OF D.OWDEN CABLE PARTNERS, L.P. TO TRIAX MIDWEST ASSOCIATES, L.P. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: COUNTY ROAD 15 STREET LIGHTING IMPROVEMENT FROM FAIRVIEW LANE TO SETON BRIDGE. The City Engineer explained that the estimated cost of these ad- ditional street lights is $69,460.00. This added to the pre- viously approved project results in a total estimated cost of $179,600.00 for lighting the entire length of County Road 15 in Mound. The bids the County received were $20,000 less than ex- pected. 69 May i0, 1988 He stated that after checking with the lighting expert he is recommending 18 additional lights instead of the 16 originally recommended. There would be 7 lights at approximately 110 foot spacing between Montclair Lane and the Seton Bridge and 11 lights at approximately 150 foot spacing between Montclair Lane and Fairview Lane. He then explained the proposed assessment procedure. Residential property would be assessed at approximately $9.00 per front foot and commercial property at $13.50 per front foot. This is lower than the proposed assessment in the original report for the ap- proved project which were $9.72 and $14.50 respectively. In han- dling the previously approved pending assessment, he suggested that the Council pass a separate resolution reducing them to the new figures. The Mayor opened the public hearing. The following persons spoke against the proposed street lighting improvement: Jim Bedell, owner of property at 4801 & 4805 Shoreline Blvd. Oswin Pflug, 4851 Shoreline Blvd. Mark Roufs, 2216 Fairview Lane Chuck Gramith, owner of 2221 Chateau Lane Martin Luebke, 5081 Shoreline Blvd. Mr. Bedell submitted the following statement signed by the fol- lowing persons: "We, the abutting propertyowners of the proposed .street light improvement and assessment are opposed to the improvement and assessment." Jim Bedell, Oswin Pflug, Joseph Glenn, Steve Anderson. The Mayor closed. the public hearing. The Council discussed the improvement, the safety factors and that it would be cheaper and easier to do this improvement now when everything is torn up. It was explained that of the total $180,000 estimated cost 1/2 would be assessed and the remainder paid by the City's State Aid funds and the City. Jessen moved and Abel seconded the following resolution: RESOLUTION #88-76 RESOLUTION ORDERING THE ADDITIONAL STREET LIGHT IMPROVEMENT AS ADVERTISED The vote was 4 in favor with Mayor Smith voting nay. Motion carried. PUBLIC HEARING: PROPOSED VACATION OF SLOPE EASEMENT OVER A POR- TION OF LOT 2 AND PART OF LOT 3. BLOCK 1, PEMBROKE PID #19-117-23 34 0112 (3002 INVERNESS LANE The Building Official explained the request and stated that the Planning Commission recommended approval with the City Engineer's condition. ~o May 10, 1988 The City Engineer explained that the slope easement was originally obtained for the construction of Tuxedo Blvd. He stated that it does not appear necessary for the City to retain this slope easement and recommended vacating it under one condi- tion. The condition that grading is not allowed until a survey for a building permit is submitted and approved, which shows the location of the proposed house and all existing and proposed elevations as required by the City of Mound. The Mayor opened the public hearing. There was no response. The Mayor closed the public hearing. Abel moved and Jensen seconded the following resolution: RESOLUTION #88-77 RESOLUTION VACATING A SLOPE EASEMENT OVER A PORTION OF LOT 2 AND PART OF LOT 3, BLOCK 1, PEMBROKE PID #19-117-23 34 0112 (3002 INVERNESS. LANE) The vote was unanimously in favor. Motion carried. PUBLIC HEARING: TO GAIN INPIIT FROM CITIZENS AS TO THE EXPECTED LEVEL OF CITY SERVICES TO BE PROVIDED IN THE NEXT CALENDAR YEAR The-Mayor opened the public hearing. There was no response. The Mayor closed the public hearing. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT No one responded. APPOINTMENTS TO CITIZENS TASK FORCE ON THE FUTURE EXPANSION OF PUBLIC FACILITIES (CITY HALL, POLICE~FIRE FACILITIES) There was no action taken on this item. It will be on the May 24th Agenda. 2 REQUESTS FOR USE OF MOUND BAY PARR FOR BASS FISHING CONTEST WEIGH-INS The City Manager stated that two requests for the use of Mound Bay Park for bass fishing contest weigh-ins have been received from the L.M.C.D. Ohe for the American Scholarship Foundation and the other for the Happy Hookers Bass Club. The City's L.M.C.D. Representative, Tom Reese, was present and stated that he is not in favor of the City allowing these weigh- ins because of safety issues involved in having large numbers of boats in a confined area where there is no place to dock and the close proximity to the swimming beach. 71 May 10, 1988 The Council looked at the both the requests and decided the one from the Happy Hookers Bass Club was sent to the City in error because it states the weigh-in will be held on Goose Island. There was discussion on the request from the American Scholarship Foundation and the following action was taken because of the safety concerns and lack of dockage. MOTION made by Abel, seconded by Jensen to deny the request of the American Scholarship Foundation to use Mound Bay Park on June 5, 1988, for the weigh-in portion of a bass tourna- ment because of safety problems and lack of dockage. The vote was 4 in favor with Johnson voting nay. Motion carried. 1 IIPDATE FROM L.M.C.D. Tom Reese reported that a consultant, Arndorfer/Barr, has been retained to do a comprehensive management plan for Lake Min- netonka. This will be a 2 year study. The City will be con- tacted to provide input. . Mr. Reese urged the Council to pass the resolution sent out by the City of Excelsior supporting the L.M.C.D. and the comprehen- sive plan for the management of Lake Minnetonka. Smith moved and Johnson seconded the following resolution: RESOLUTION #88-78 RESOLUTION SUPPORTING THE LMCD AND THE COMPREHENSIVE PLAN FOR THE MANAGEMENT OF LAKE MINNETONRA The vote was unanimously in favor. Motion carried. REQUEST FOR AN EXTENSION OF RESOLUTION #85-59 FOR GARY HEINES Jensen moved and Johnson seconded the following resolution: RESOLUTION #88-79 RESOLUTION YEAR FOR HEINES The vote was unanimously in favor. ADD ON ITEMS SET HEARING DATE GRANTING AN EXTENSION OF ONE RESOLUTION #85-59 TO GARY Motion carried. 1 72 May 10, 1988 MOTION made by Jessen, seconded by Johnson to set Thursday, May 26, 1988, at 7:30 P.M. for a public hearing to consider a Conditional Use Permit for a wholesale paint and wallpaper business at 2365 Commerce Blvd.; Lots 5 and part of Lot 4 and 6, Auditor's Subdivision No. 167, PID #14-117-24 44 0003/0006. The vote was unanimously in favor. Motion carried. UTILITY EASEMENTS - LOTS 94, 95 & 96, PHELPB ISLAND PARK. FIRST DIVISION - LAND REGISTRATION #19433 The City Engineer explained that when the owner of the. above property was trying to register the land, several problems came to light. Originally, the City was granted a 5 foot easement along the West side of Lot 94. When it was surveyed it was dis- covered that the curb is within the easement on one side and on the other side it is not. It is over about 2.2 feet. We need to request an additional 3 feet to make the- total easement 8 feet along the West side of Lot 94. The Engineer further stated that along the North side of these 3 lots there is a private driveway (Denbigh Road) which has pre- viously come before the Council to be improved and become a City street. To this point nothing has been done and it remains a private driveway. The City does have watermain in there and they do have a 15 foot utility easement across the 3 lots. The City needs a 20 foot easement across those lots in case the road is ever improved and if we can get it at this time at no charge it would be advisable. The owner has agreed to grant a 7 foot easement on Lot 94 and the 20 foot easement across the three lots but they have asked how granting these easements will affect their ability to acquire a building permit and meet the City's requirements. It does create a problem on Lot 94 because the easements reduce the area of the lot to 5,715 square feet which is under the 6,000 square foot minimum but within 10~ and the City has granted variances on these in the past. The Staff's recommendation is to receive the two easements and grant the variance on Lot 94 if it is requested. The other solu- tion would be to take .Lots 94 and 95 and split them in the other direction which would make each of those lots 6,000 square feet. The Planning Commission recommended soma type of subdivision so that Lot 94 would have 6,000 square feet and the City would waive the fee to accomplish this because the .City would be receiving two easements from the owner. u 73 May 10, 1988 MOTION made by Abel, seconded by Jensen to have the City Manager direct a letter indicating that the Planning Commis- sion and the City Council have reviewed this and they agree that the person should not lose a building site as a result of contributing land to the City and it would also make sense if Lots 94 and 95 were subdivided to front on Cardiff Lane and the City would participate by waiving the fees. The vote was unanimously in favor. Motion carried. WASTE OIL TANK IN NEW PUBLIC WORKS FACILITY The City Engineer passed out a letter he requested from Gausman & Moore, the mechanical engineers on the new public works facility, so that the Council is aware of what could happen in the future with regard to the underground waste oil tank. He then ex- plained that the plans for the waste oil tank meet all the requirements that are presently law but, the EPA and the MPCA are in the process of adopting new regulations. So what Gausman & Moore are saying is that maybe the City should look at putting a tank in that would meet the new regulations if they are passed. The Council discussed the differences in the tanks and the in- creased cost of installing a tank t o meet the possible new regulations. The cost of a fiberglas tank as suggested in the . Gausman & Moore letter is estimated to lon-steel tank that was just approved be $13,500. The 560 in the change order gal- was $6,400. The Council asked the City Engineer to research other options, such as an above ground tank, inside storage and the cost of a fiberglas tank and bring back at the next meeting. PAYMENT OF BILLS MOTION made by Jensen, seconded by Abel to authorize the payment of bills as presented on the pre-list in the amount of $120,028.50, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION.,/MISCELLANEOUS A. April 1988 Department Head Monthly Reports. B. Planning Commission Minutes of April 25, 1988. C. The League of Minnesota Cities (LMC) Annual Conference will be held June 7-10, 1988 in St. Paul. Preliminary agenda was published in the April 1988 issue of Minnesota Cities. D. The Association of Metropolitan Municipalities (AMM) will be holding its Annual Meeting, Wednesday, May 18, 1988, at Nicklow's in Crystal. 74 May 10, 1988 E. The LMC will hold Legislative Wrap-Up Meetings this month. The metro session is scheduled far Thursday, May 26, 1988, 1:30 to 4:30 P.M. at the Hotel Sofitel in Bloomington. F. John Cameron, City Engineer, has received a telephone call from Wayne Ehlebracht, one of the property owners. on Norwood Lane, regarding easements to be provided for the cul-de-sac improvement discussed at the April 12th Council Meeting. Ehlebracht has refused to give the City an easement. There- fore, by the action the Council took on April 12th, Norwood Lane will be extended to County Road 15. No cul-de-sac will be installed. G. REMINDER: A special meeting of the City Council will be held on Thursday, May 26, 1988. The purpose of this meeting will be to discuss crosswalk safety in the City with Hen- nepin County representatives. An invitation to attend the meeting will be extended to many persons. News releases will also announce the meeting. EXECUTIVE SESSION The Council went into Executive Session at 12:00 midnight. They returned at 12:30 A.M. 3 ACRE SITE - WESTEDGE BLVD. The City Attorney explained that there is a proposal from a real estate company with an earnest money contract to purchase the property essentially at the price the City asked for the property. There are two contingencies to the contract. They are: 1. That the buyer get ingress and egress to the property. There is a question as to whether the property fronts on a public road. 2. That the buyer can have his own well because there is no City water supply in that area. The Attorney stated that the Council could grant this request because there is no City water available. The Council asked that Staff clarify if the property fronts on a public road and allows ingress and egress to the property. The Council asked that the buyer be made aware and it be put in the contract that the Council will allow only 1 house on the property until municipal utilities are available. The Council asked the City Manager to ask Minnetrista again if they are interested in installing watermain in Westedge Blvd. 75 May 10, 1988 This item. will be taken up at the next meeting after all the issues are addressed. LYNF7O0D BLVD. PROPERTY The Council asked that this item be put on the May 24th Agenda for discussion at that time. MOTION made by Abel, secaaded by Jensen to adjourn at 12:40 A.M. The vote was unanimously in favor. Motion carried. .___-- ~ ` ~ %,1 ,., Edward J. 5hu 1 , Jr., City Ma er Fran Clark, CMC, City Clerk D C