1988-08-23122
August 23, 1988
MINtTTEB - MOUND CITY COUNCIL - AUGUST 23, 1988
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, August 23, 1988, at 7:30 P.M., in the
Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Steve Smith, Councilmembers Liz Jen-
sen, Phyllis Jensen and Skip Johnson. Councilmember Don Abel was
absent and excused. Also present were: City Manager Edward J.
Shukle, Jr, City .Clerk Fran Clark, City Attorney Curt Pearson,
City Engineer John Cameron, City Planner Mark Koegler, and Build-
ing Official Jan Bertrand and the following interested citizens:
Gladys Larson, Ray Chamberlain, Marie Sorrell, Ed and Vangie
Waldroff, John Larson, Pat and Paul Meisel, Rick Lindlan, Doug
Selle, June and Raymond Dahlquist, John Gonzalez, Jim Bloom, Dana
Fanelli, Sheila Sundstrom, James Morgan, Jay and Lori Gyllen, H.
J. Hagedorn, Louise Hagedorn, Clifford Reep, Jim Robin, Frank Ah-
rens, Al Strand, Jay Gorden, Greg Hewitt.
The Mayor opened the meeting and welcomed the people in atten-
dance.
The Pledge of Allegiance was recited.
MINUTES
MOTION made by Johnson, seconded by Jensen to approve the
minutes of the Auqust 9, 1988, Reqular Meetinq, as sub-
mitted. The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: DELINQUENT UTILITY BILLS
City Manager Ed Shukle explained that the revised amount was
$2,084.08. The Mayor opened the Public Hearinq. There were no
comments. The Mayor closed the Public Hearing.
Johnson moved and Jensen seconded the following resolution:
RESOLIITION 88-115 RESOLUTION TO APPROVE THE DELINQIIENT
UTILITY BILLS IN THE AMOIINT OF $2,084.08
AND AUTHORIZING THE STAFF TO SHIIT-OFF
RATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
CASE #88-717: MARIE SORRELL. 2147 FOREST LANE. LOT 41, BLOCK 1.
BROORTON, PID #14-117-24 31 0042, FENCE HEIGHT
VARIANCE
The Building Official explained that the request is for a 2 foot
extension to an existing 6 foot high privacy fence to keep the
neighbor's dog from jumping the fence into Ms. Sorrell's yard.
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August 23, 1988
The Planning Commission recommended denial of the request and
suggested that the neighbor move the junk by the fence, shorten
the leash on the dog and the Police Department be notified so
they can enforce the animal control ordinance. They also recom-
mended that the Council refund Ms. Sorrell's $50.00 variance ap-
plication fee. The Council agreed that this is not a planning or
zoning problem but an animal enforcement problem.
MOTION made by Jessen, seconded by Jensen to deny the
variance request and refund Ms. Sorrell~s variance applica-
tion fee. Further that the ae~ghbor be notified to remove
the junk near the fence, shorten the leash on the dog and
the Police Department be notified for enforcement of the
animal control ordinance. The vote was unanimously in
favor. Motion carried.
CASE #88-718: TED ROBINSON. 2339 COMMERCE BLVD.. LOT 2 & PART OF
LOT 3, AIIDITOR~S BUBD. #167. PID #14-117-24 44
0002. Sign Variances
The City Planner explained that the request is for a 22 square
foot area variance and a 2 foot setback variance for use the ex-
isting sign that was the Mound State Bank time and temperature
sign. The Planning Commission recommended approval.
Mr. .Paul Meisel, owner. of the building was present representing
Mr. Robinson who was out of town. He explained what the real es-
tate business "Help-U-Sell" was and showed the lettering that
would be done on the sign.
Jensen moved and Johnson seconded the following resolution:
RESOLIITION #88-116 RESOLIITION TO APPROVE A SIGN AND SETBACK
VARIANCE FO~t 2339 COMMERCE BLVD., LOT 2
AND PART OF LOT 3, AIIDITOR~B SIIBD. #167,
PID #14-117-24 44 0002
The vote was. unanimously in favor. Motion carried.
PIIBLIC REARING: CASE #88-?20 & 88-?21 - APPLICANT: TONRA
ALANO SOCIETY. INC.. OWNER OF PROPERTY:
ROGER RAGER & JOYCE GIIINON. 5098 THREE POINTS
BLVD.. LOTS 8, 9. 12. 13. 14. 15. BLOCK 2.
DREAMWOOD. PID #13-117-24 12 00180017/0020
/0021/0022 - ZONING AMENDMENT AND CONDITIONAL
IISE PERMIT FOR PIIBLIC LODGE. MEETING HALL.
AND CLIIB
The City Planner explained that there are two items to be con-
sidered here, a zoning amendment and then if that is adopted, the
conditional use permit.
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August 23, 1988
The zoning amendment, if approved, would allow public lodges and
clubs to be added to the list of conditional uses in the B-3
zone. If the amendment were approved, Tonka Alano is requesting
approval of a conditional use permit for 5098 Three Points Blvd.
The Planner then reviewed his report dated August 1, 1988, with
the Council. He reported that the Planning Commission questioned
whether the B-3 zone was a correct zone now and they discussed
changing the B-3 zone description: There was discussion on
changing the ordinance. In the end their recommendation was to
deny the request to expand the. conditional uses for the B-3 dis-
trict to include public lodges and clubs.
Councilmember Jensen stated that after the applicant left the
Planning Commission Meeting, the Planning Commission unanimously
voted to have the Staff investigate and report at the next meet-
ing the various alternatives available in revising the B-3 zoning
district.
The Planner pointed out that there are four, B-3 zones in .the
City of Mound. This area, the area of Donnie's, Al & Alma's and
the area of Grimm's Store.
The Mayor opened the Public Hearing.
The following persons spoke regarding the use of 5098 .Three
Points Blvd.:
JIM BLOOM, 1700 Finch Lane, agreed with the Planning Commis-
sion recommendation to deny because it doesn't meet the
neighborhood services category. in the B-3 zone. He then
suggested several options, all which ended with the Council
never allowing a liquor establishment there again if the
Tonka Alano Society ever leaves.
JOHN GONZALEZ, 1673 Gull Lane, questioned whether the
proposed use fits under the current B-3 zoning, if ~it
doesn't just provide service to the Three Points area.
GL'ADYS CARSON, 1664 Eagle Lane, related past unpleasant ex-
periences when the property was used as a tavern with live
music. She also asked if Alano would be allowed to rent out
the building when they were not using it and asked how they
would be able to support and keep up the property.
The following representatives of Tonka Alano were present:
Al Strand, Greg Hewitt, Jay Gordon, and Rick Lindlan. Al
Strand was the spokesperson and explained the background of
the Tonka Alano Society. He stated they have to move from
their present meeting area in the Administrative Building of
the School District because of the new smoke free policy
that the District adopted. They have rented homes in
residential areas before for their operations and have not
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August 23, 1988
had any problems. He stated they would not rent out the
facility to others. He further stated they are not a club
but a completely self-supporting, nonprofit organization and
have the volunteers to maintain the build-ng and grounds.
They stated they do have a time problem because they have to
close by October 1, 1988.
DOUG SELLE, 1688 Avocet, stated he is a member of Tonka
Alano and suggested rezoning the property to residential and
asked if then the requested used would be permissible. The
City Attorney explained that even if Tonka Alano were rent-
ing the property, they would be in violation of the Zoning
Ordinance because it is not a permitted use in a residential
area.
The Council discussed the wording "public lodge, meeting
hall and club". The City Attorney suggested finding a bet-
ter definition for the Tonka Alano Society then the above.
He stated he found the following in another city's ordinance
which might work. It read as follows: "Institutions and
non profit corporations of a religious, health, educational,
eleemosynary or philanthropic nature". The. Council then
discussed redefining the B-3 District. The City Attorney
suggested that the item be referred back to the Planning
Commission and the public hearing continued on changing the
ordinance or investigate the possibility of creating another
zone. He pointed out that two of the B-3 areas have close
parallels, Donnie's and Al & Alma's which could be in one
category and the other two, this area and Grimm's Store
could be ,in another category.
SHEILA SUNDSTROM, 1705 Finch Lane, stated she is against the
requested use and the past use of the property because of
the increased traffic and the noise.
The City Attorney stated that the Council could, if it chose to
do so tonight, substitute language which was the discussion at
the Planning Commission Meeting to try to find a definition which
would be different from the private clubs and lodges and then
they could go on and consider the request for a conditional use
permit, but that would be bypassing the Planning Commission.
MOTION by Johnson to deny expanded use of the current B-3
zone and refer the issue back to the Planning Commission to
redefine the B-3 zone, thinking of Donnie~s and Al & Alma's
and have them try to develop a B-4 zone that would apply to
the Grimm's Store area and the Three Points area. The mo-
tion died for lack of a second.
There was discussion on referring the following back to the Plan-
ning Commission to redefine the B-3 zone using the language sug-
gested by the City Attorney and perhaps creating a B-4 zone fvr
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August 23, 1988
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limited business.
MOTION by Jensen, seconded by Jessen to refer back to the
Planning Commission a suggestion that they study replacing
the words public lodge, meeting hall and club, with the
following: institutions and non profit corporations of a
religious, health, educational, eleemosynary (relating to or
supported by charity), or philanthropic nature. Further
that the Planning Commission look into creating a fourth
business district with the suggestions of the Planner and
the Attorney. Also to continue the public hearing to the
September 20th meeting. The vote was unanimously in favor.
Motion carried.
ADD ON ITEM: CASE #88-724: FRANK & ANDREA AHRENS, 4673 ISLAND
VIEW DRIVE, LOT 17 AND SE 1/2 OF 18, BLOCK 1, DEVON; PID #30-117-
23 22 0008, FRONT YARD SETBACK VARIANCE
The Building Official explained the request. Mr. Ahrens was
present and asked that the survey requirement be waived. .The
Building Official explained that the survey is needed because it
will indicate the corners of the proposed garage elevation, the
proposed elevation at the front of the garage, and the elevations
at the corner of the existing lot. The Council agreed.
Jensen moved and Johnson seconded the following resolution:
RESOLUTION #88-117 RESOLUTION TO CONCUR WITB THE PLANNING
COMMISSION RECOMMENDATION TO APPROVE A
FRONT YARD SETBACK VARIANCE FOR LOT 17 ~
S.E. 1/2 OF 18, BLOCK 1, DEVON; PID ~30-
117-23 22 0008 (4673 ISLAND VIEW DRIVE)
P & Z CASE #88-724
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: CASE #88-722: JOHN E. CARSON, 5271 SHORELINE
BLVD. (8HORELINE PLAZA). PID #13-117-24 34
0072, CONDITIONAL USE PERMIT FOR A PRINT SHOP
The City Planner explained the request.
The Mayor opened the public hearing. There was no response. The
Mayor closed the public hearing.
Jensen moved and Johnson seconded the following resolution:
RESOLUTION #88-118 RESOLUTION ~fUTHORIZING A CONDITIONAL USE
PERMIT FOR A PRINT SHOP LOCATED AT 5271
SHORELINE BLVD., LOTS 7-20, 26-35, BLOCK
1, SHIRLEY HILLS UNIT F, PTD #13-117-24
34 0072, P & Z CASE #88-722
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August 23, 1988
The vote was unanimously in favor. Motion carried.
PIIBLIC HEARING: CASE #88-?23: WILLIAM NICCIIM. 4841 BARTLETT
BLVD.. PART OF GOVERNMENT LOT 8, PID X13-117-
24 44 0001/0002/0010. CONDITIONAL IISE PERMIT
FOR WETLANDS ALTERATION
The City Planner explained that this request comes after the fact
because the dredging is already done. The Planning Commission
reviewed this case last night and the motion to approve the Wet-
land Permit failed on a five to three vote. The applicant had
obtained permits from the DNR and the Watershed District and was
not aware that he needed one from the City. The Planning Commis-
sion was also concerned about the proposed docks.
The Council discussed their concerns about disturbing this desig-
nated wetlands without the permission of the City.
The Planner explained that since the meeting last night it has
been researched and the City was notified of the general project
in May of 1987 and it did not respond against it.
Councilmember Johnson expressed concern about whether the city
has any jurisdiction over this particular wetlands because it is
on Lake Minnetonka and not enclosed by land.
The Mayor opened the public hearing.
JIM ROBIN, attorney representing Mr. Niccum, stated that
there is a Minnesota Supreme Court case between a private
party and the City of Orono which decided that anything
within the boundaries of navigable water was outside the
reach of the respective cities as far as regulation and that
the sole jurisdiction for regulating dredging falls on the
Department of Natural Resources. Mr. Robin stated that if
anything was done improperly, it was not done intentionally.
The Council discussed the dredge and the dock that is being
installed at the site.
Mr. Robin stated that a permit for the docks has been issued
by the L.M.C.D. At present there is a request to modify
that original permit, and the L.M.C.D. will approve it if
the City has no objections. As far as the dredge is con-
cerned, Mr. Robin stated it is his understanding that a per-
mit is not needed from the City of Mound to dredge anywhere
in Lake Minnetonka below the normal high water mark. That
is.exclusively reserved to the DNR. With regard to the
dock, he stated he sees nothing in Mound's ordinances that
regulate docks on private lakeshore. That regulation comes
from the L.M.C.D.
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August 23, 1988
The City Attorney stated that .in adopting the wetlands or-
dinance reference is made to several state statutes and he
would like to have time to look into that. He suggested
continuing this discussion until September 20 when he and
the Planner can report back.
RAY CHAMBERLAIN, 4913 Bartlett Blvd., submitted a petition
with 31 signatures opposing the issuance of a wetlands al-
teration permit because it is destroying the wetlands. He
stated that at the Planning Commission Meeting, Mound's
L.M.C.D. Representative, Tom Reese, stated that the L.M.C.D.
did not know this was a wetlands area.
The Mayor continued this hearing to September 20 and asked that
Mound's L.M.C.D. representative, Tom Reese, also be present.
SET PUBLIC BEARING: DRIIMMOND ROAD STREET VACATION
MOTION made by Smith, seconded by Johnson to set September
20, 1988, for a public hearing on the proposed vacation of
Drummond Road from Amherst Lane to Devon Lane. The vote was
unanimously in favor. Motion carried.
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ADD ON ITEM: BID AWARD & ASSESSMENT OF STREET AND STORM SEWER
IMPROVEMENTS - DRUMMOND ROAD
The City Engineer explained that he received two bids for the
storm sewer and street improvement of Drummond Road. They were:
G.L. Contracting
Widmer Bros.
$10,497.50
$11,857.50
The estimate for this project was $10,900.00.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #88-119 RESOLIITION AWARDING TAE BID FOR TBE
STORM SEWER AND STREET IMPROVEMENT OF
DRUMMOND ROAD TO G.L. CONTRACTING IN TBE
AMOUNT OF $10,497.50
The vote was unanimously in favor. Motion carried.
Jensen moved and Johnson seconded the following resolution:
RESOLUTION #88-120 RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT
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The vote was unanimously in favor. Motion carried.
The City Engineer then presented the proposed assessment roll to
the Council for this project.
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August 23, 1988
He suggested September 20, 1988, for. the assessment hearing. The
Council agreed.
Johnson moved and Jensen seconded the following resolution:
RESOLIITION X88-121 RESOLIITION FOR HEARING ON PROPOSED
ASSESBMENT OF 1988 STORM SERER AND
STREET IMPROVEMENT - DRIIMMOND ROAD
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There was no response.
RESOLIITIONS RELATING TO COIINTY ROAD 15 ASSESSMENTS & HEARINGS
The City Engineer explained that a mathematical error was made in
Resolution #88-112 and that needs to be corrected. The amount to
be paid by the City should have been $92,338.00 and the amount to
be assessed against the benefited property owners should have
been $135,771.00.
Smith moved and Jensen seconded the following resolution:
RESOLIITION #88-122 RESOLIITION CORRECTING RESOLIITION #88-112
ORDERING COST TO BE ASSESSED AND ORDER-
ING PREPARATION OF PROPOSED ASSESSMENT
FOR COUNTY ROAD 15 STREET IMPROVEMENT
The vote was unanimously in favor. Motion carried.
The City Engineer presented the proposed assessment rolls for the
County Road 15 Street Improvement and the County Road 15 Street
Light Improvement. He suggested that September 20, 1988, be the
date for the public hearings.
Jessen~moved and Johnson seconded the following resolution:
RESOLIITION #88-123 RESOLQTION FOR HEARING ON PROPOSED
ASSESSMENT - COIINTY ROAD 15 STREET IM-
PROVEMENT
The vote was unanimously in favor. Motion carried.
Smith moved and Jensen seconded the following resolution:
RE$OLIITION #88-124 RESOLIITION FOR HEARING ON PROPOSED
' ASSESSMENT - COUNTY ROAD 15 STREET LIGHT
IMPROVEMENT
The vote was unanimously in favor. Motion carried.
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August 23, 1988
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REQUEST FOR MAINTENANCE PERMIT ON COMMONS - HOWARD HAGEDORN, 1749
AVOCET
The City Manager explained that the Park Commission recommended
the following on Mr. Hagedorn's requests:
1. Approve the replacement of sod on the southwest corner
of Mr. Hagedorn's lot, which is in the commons.
2. Accept the request to trim sumach to 3 1/2 feet under
.the Park Director's supervision, hard wood trees are
not to be cut.
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Mr. Hagedorn was present and stated this was agreeable with him.
MOTION made by Johnson, seconded by Jensen to concur with
the Park Commission and approve a Maintenance Permit on Com-
mons for Howard Hagedorn at 1748 Avocet. The vote was un-
animously in favor. Motion carried.
SIGN PERMIT
MOTION made by Jessen, seconded, by Johnson to Approve a Siqn
Permit for Truman Wilson, 6575 County Road 15 - to promote
benefit for Todd Wilson. The vote was unanimously in favor.
Motion carried.
SET DATES FOR PUBLIC HEARING - SPECIAL ASSESSMENTS
MOTION made by Johnson, seconded by Smith to set .September
27, 1988, for the public hearings on the following special
assessments:
A. CBD (Central Business District) Assessment
B. Unpaid Weed Removal Assessment
C. Unpaid Tree Removal Assessment
D. Unpaid Utility Bill Assessment
E: Unpaid Mowing Bill Assessment
The vote was unanimously in favor. Motion carried.
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LOST LAKE PARR DEVELOPMENT PLAN
The City Manager explained that the Center for Community Studies
of the University of Minnesota has approved the Lost Lake site as
a landscape architecture class project for the fall quarter.
They anticipate the project would begin around November 1 and be
completed around December 5. The class will develop design con-
cepts for development and its relation to its surroundings. In
exchange for the time and skills donated by University students
and faculty, they expect the City to reimburse the University for
expenses (such as mileage, photography, supplies, printing) up to
$500 and an administrative fee of $50.00.
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August 23, 1988
He further stated that the Center for Community Studies expects
this project to help the City explore options and gain support
and funding which will lead to professional design development
and implementation.
MOTION made by Johnson, seconded by Jessen to authorize
paying up to $550 for the Lost Lake Park Development Plan as
explained above. The vote was unanimously in favor. Motion
carried.
APPROVAL OF LICENSES FOR MOUND POLICE RESERVE
MOTION made by Smith, seconded by Jensen to approve the fol-
lowing for the Mound Police Reserve for September 10, 1988:
A. Charitable Beer Permit
B. Public Dance Permit - waive fee
C. Set-IIp Permit - waive fee
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
MOTION made by Jessen, seconded by Jensen to authorize the
payment of bills as presented on the pre-list in the amount
of $221,430.06, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
APPOINTMENT OF ADDITIONAL ELECTION JUDGES
Johnson moved and Jensen seconded the following resolution:
RESOLIITION #88-125 RESOLIITION APPOINTING ELECTION JUDGES AS
RECOMMENDED FOR THE PRIMARY AND GENERAL
ELECTIONS SEPTEMBER 13, 1988 AND NOVEM-
BER 8, 1988
The vote was. unanimously in favor. Motion carried.
INFORMATIONfMISCELLANEOUS
A. July 1988 Financial Report as prepared by John Norman,
Finance Director.
B. 1987 Prosecution and Code Enforcement Summary requested by
Mayor Smith and prepared by Jim Larson, Prosecuting Attor-
ney.
C. Planning Commission Meeting Minutes of August 8, 1988.
D. Letter from Morrie Splettstaszer, 6100 Beachwood Road.
E. Letter from Margaret K. Bargman, 4691 Wilshire-Blvd.
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August 23, 1988
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F. Letter from Fred Guttormson, President, C.R. Mfg. Co. - Re:
performance of Officer Darrell Huggett in a recent police
matter.
IG. REMINDERS:
- NLC Annual Conference, Boston, Massachusetts, December
3-7, 1988. Contact Fran ASAP, if you want to attend.
- LMC Regional Meeting, September 12 at Robert Lee's
(Hwy. 694 & Silver Lake Road, New Brighton). Please
let Fran know by Tuesday, Sept. 6, if you plan to at-
tend.
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H. Park Commission Minutes of August 11, 1988.
I. All employees will be attending a Sexual Harassment Seminar
on Thursday, September 22, 1988. The Cities of Orono and
Mound will each be sending employees to two 1/2 day semi-
nars being presented by the Government Training Service.
This is a follow-up to action taken by the City Council on
June 28th, that employees be given the opportunity to attend
informational seminars regarding this subject.
MOTION made by Abel, seconded by Jensen to adjourn at 10:30
P.M. The vote was unanimously in favor. Motion carried.
Fran Clark, CMC, City Clerk
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