1989-05-0964
May 9, 1989
MINUTES - MOUND CITY COUNCIL - BOARD OF REVIEW
MAY 9, 1989
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 9,
1989, at 6:30 P.M.
Those present were: Mayor Steve Smith, Councilmembers Andrea Ah-
rens, Liz Jensen, Phyllis Jensen and Skip Johnson. Also present
were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark,
Hennepin 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, 1989. He explained that each person would be heard
and the Board of Review will reconvene Wednesday, May 24, 1989,
7:00 PM, 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.
The following persons responded to the call to be heard either in
person, by calling and asking to have their name submitted, or by
submitting their concerns in writing. They all asked to have the
value of their property rechecked because they felt it was too
high.
1. PID #23-117-24 13 0040 - M.L. BUZZ SYCKES, 5900 BEACHWOOD.
2. PID #14-117-24 31 0030 - CHARLES CARLSON, 2208 COMMERCE.
3. PID #14-117-24 31 0024 - DUANE NORBERG, 6015 ASPEN.
4. PID #23-117-24 44 0005 - JANET CHASE (CHARLES CHASE, JR),
3048 HIGHLAND BLVD.
5. PID #23-117-24 14 0021 - LYDELLE SKOGLUND FOR MERLYN
SKOGLUND, 5823 BARTLETT BLVD.
6. PID #22-117-24 44 0031 - MICHAEL MALASKE, 6557 BARTLETT.
7. PID #23-117-24 13 0066 - BERME MALCHESKI, 5820 BARTLETT.
8. PID #23-117-24 31 0030 - KENT CHRISTENSEN, 2971 OAKLAWN.
9. PID #13-117-24 33 0011 - GARY BREUHAN, 54220 BREEZY.
10. PID #13-117-24 14 0045 - HARVEY REDER,
0046 - DEAN & JULANN HUNTER
0047 - DEAN & JULANN HUNTER.
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May 9,.1989
11. PID #19-117-23 13 0003 - MAURICE J. LEUTHNER, 7670 HWY. 7,
EXCELSIOR, MM. 55331.
12. PID #14-117-24 34 0019 - HOWARD ORN, 6057 LYNWOOD.
13. PID #13-117-24 21 0047 - TOD & KAREN HOLMBERG, 1712 CANARY.
0048
14. PID #14-117-24 34 0018 - VERNON & SHIRLEY ANDERSEN, 2210
#14-117-24 14 0045 SOUTHVIEW.
15. PID #14-117-24 13 0006 - GARY & NANCY NORDSTROM, 5856
GRANDVIEW BLVD.
16. PID #14-117-24 41 0039 - G.T. PRESTIDGE, 5733 SUNSET
17. PID #19-117-23 13 0148 - MICHAEL COLBERT, 4338 WILSHIRE.
18. PID #24-117-24 42 0001 - KENDALL RONNING, 4990 BRIGHTON
BLVD.
19. PID #13-117-24 44 0007 - BEATRICE MILLER, 4949 BARTLETT.
20. PID #23-117-24 24 0021 - STEVEN BERKEY, 2621 GRANGER.
21. PID #23-117-24 41 0030 - JOHN SHACKLFORD & PAULA MESSER,
2940 HIGHLAND COURT.
22. PID #13-117-24 43 0016 - ROBERT ERICSON, 5064 WOODRIDGE.
23. PID #23-117-24 23 0058 - R.A. 7 P.A. DE MARAIS, 2794
HALSTEAD LANE.
24. PID #13-117-24 22 0008 - SLYVIA OGREN, 1756 LAFAYETTE LANE.
25. PID #13-117-24 44 0015 - OSWIN PFLUG, 4851 SHORELINE.
#13-117-24 44 0016
#19-117-23 24 0028
26. PID #19-117-23 13 0025 - THEODORE W. FOX, 4363 WILSHIRE.
#19-117-23 13 0090
#19-117-23 13 0129
#19-117-23 24 0060
27. PID #14-117-24 31 0023 - JOHN BEAUCHAMP, 6029 ASPEN ROAD.
28. PID #19-117-23 13 0083 - ELLEN GRAVELY, 4379 WILSHIRE BLVD.
29. PID #23-117-24 14 0062 - STEPHEN & JOANNE MARKLUND, 2670
#23-117-24 14 0010 COMMERCE.
#23-117-24 14 0111
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May 9, 1989
I~
30. PID #23-117-24 14 0076 - CHARLES & DIANN STANISICH, 2670
#23-117-24 14 0094 COMMERCE
#23-117-24 14 0095
31. PID #25-117-24 12 0223 - PAUL HENRY, 5056 SULGROVE
32. PID #13-117-24 32 0117 - ELLEN SCHOLER, 2100 FERM.
33. PID #13-117-24 42 0020 - ALLEN ANDERSON, 5060 EDGEWATER,
34. PID #25-117-24 21 0089 - WARREN GOODROAD, 3624 ROBINWOOD
#25-117-24 21 0090 TERRACE, MINNETONKA, MN. 55343
35. PID #14-117-24 31 0022 - FRANK WEILAND, 6045 ASPEN.
36. PID #19-117-23 31 0104 - RON JOHNSON, 4417 DORCHESTER.
37. PID #19-117-23 23 0075 - RONALD EIKAAS, 4704 CAVAN.
38. PID #13-117-24 33 0053 - MASONIC LODGE (ORV FENSTAD).
#13-117-24 33 0054
39. PID #14-117-24 32 0029 - BARRY WING, 6348 WALNUT.
#14-117-24 32 0030
40. PID #14-117-24 32 0010 - GENE GARVAIS, 6272 RED OAK ROAD
MINUTES - MOUND CITY COUNCIL - MAY 9, 1989
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, May 9, 1989, following the Board of
Review, in the Council Chambers at 5341 Maywood Road, in said
City.
Those present were: Mayor Steve Smith, Councilmembers Andrea Ah-
rens, Liz Jensen, Phyllis Jessen and Skip Johnson. Also present
were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark,
Attorney Curt Pearson, City Engineer John Cameron, Building Offi-
cial Jan Bertrand, City Planner Mark Koegler and the following
interested citizens: Oswin Pflug, Sylvia Ogren, David Morse, Jon
Nelson, Robert & Carolyn Cuthill, Michael Netka, Bill & Dorothy
Netka, David Banghart, Ray Kuehn, Bill Dunkley, Fred Guttormson,
Ray Peters, Craig Anderson, Paul Melby, Kathy McClure, Jim &
Beverly Ratican, Lucille Pearson, Paul & Pat Meisel, Stan Drahos,
Ken Smith, Don Bryce, John & Sandra Wilsey, Gerald Babb, Duane
Leisinger, Robert Shanley, Doug Coleman, Jerry Kust, Jerry
Longpre, John A. Friden, Tom Wimler, David Feerhusen, D. R.
Beede, Mark Hokanson, Michael Mueller, Mr. & Mrs. Charles Jack-
son.
The Mayor opened the meeting and welcomed the people in atten-
dance.
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May 9, 1989
The Pledge of Allegiance was recited.
MINUTES
MOTION made by Johnson, seconded by Jessen to approve the
minutes of the April 25, 1989, Regular Meeting as submitted.
The vote was unanimously in favor. Motion carried.
CASE #89-808: DAVID & VIRGINIA HERZENACH. 5101 WOODLAND ROAD,
LOTS 23 & 24, BLOCK 12, WOODLAND POINT, PID #13-
117-24 12 0209, SIDE & REAR YARD SETBACK VARIANCES
The Building Official explained the request. The Planning
Commission recommended approval on a 5 to 3 vote.
Johnson moved and Ahrens seconded the following resolution:
RESOLUTION #89-50 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO ALLOW A SIDE AND REAR YARD
SETBACK VARIANCE FOR LOTS 23 & 24, BLOCK
12, WOODLAND POINT; PID #13-117-24 12
0209, (5101 WOODLAND ROAD); P & Z CASE
#89-808
The vote was unanimously in favor. Motion carried.
CASE #89-810: PAUL OLSON, 2636 WILSHIRE BLVD., LOT 2, WILBUR R
PALM ADDITION, PID #24-117-24 13 0027, LAKESIDE &
FRONT YARD SETBACK VARIANCE
The Building Official explained the request. The Planning
Commission recommended approval on a 7 to 1 vote. The Building
Official recommended that 3.c. be added to the proposed
resolution to read as follows: "Upon the further condition that
a registered land survey be submitted establishing the existing
structure above the 933.5 N.G.V.D. Lake Minnetonka flood plain
minimum elevation." The Council agreed.
Smith moved and Johnson seconded the following resolution:
RESOLUTION #89-51 RESOLUTION TO RECOGNIZE AN EXISTING
NONCONFORMING STRUCTURE TO ALLOW
STRUCTURAL MODIFICATION FOR LOT 2,
WILBUR R. PALM ADDITION; PID #24-117-24
13 0027 (2636 WILSHIRE BLVD.); P & Z
CASE #89-810
The vote was unanimously in favor. Motion carried.
[1
C
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May 9, 1989
PUBLIC HEARING - CASE #89-811 & 89-812: JON R. NELSON, 5545
THREE POINTS BLVD., PART OF LOT 27 & PART OF GOVT. LOT
4, LAFAYETTE PARR LAKE MINNETONRA. PID #13-117-24 22
0023; PRELIMINARY PLAT APPROVAL & CONDITIONAL USE
PERMIT AND VARIANCE (LOT SIZE, LOT WIDTH, AND SIDE YARD
SETBACK VARIANCES
The City Planner explained that there would be 3 town house units
constructed on the site. He then explained that the applicant is
asking for 5 variances:
1. Lot area variance, Block 1;
2. Neck lot, Block 2;
3. Side Yard Setback;
4. Driveway width variance; and
5. Curbing materials variance.
The Planning Commission recommended approval of all except the
side yard setback variance.
The City Engineer explained that he would like to see the
driveway shifted to the west away from Lafayette Lane.
The Utility Superintendent explained that he would like to have
the watermain looped and not dead ended. This would help with
maintenance. The Fire Chief agreed with the looping for fire
protection services as it would provide more water.
Jon Nelson (land owner and subdivider) and David Morse
(developer) stated they were against moving the driveway, and
extending the watermain and would like the Council to allow the
requested side yard setback variance.
The Planner stated the Planning Commission and Staff could not
find a hardship to allow the side yard setback variance.
The Mayor opened the public hearing.
Sylvia Ogren, 1756 Lafayette Lane, stated she would like the
driveway moved so that it would be further away from her lot
line.
The following persons spoke in favor the the applicant's
requests: Mike Mueller, agent for the seller (Jon Nelson);
Dave Feerhusen, attorney representing David Morse, David
Beede, 1824 Commerce Blvd. David Banghart, 1760 Commerce
Blvd., stated he is in favor of the project but expressed
concern about a possible encroachment of his view of the
lake.
Jan Bertrand, Building Official, stated that the side yard
setback is needed for drainage on the property and that she
would like to see the watermain looped.
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May 9, 1989
The Mayor closed the public hearing.
The Council discussed compromising with the owner/developer on
the following points:
1. Allowing a 5 foot side yard setback variance.
2. Adding Section 330:35, subdivision 6 (2) to #4,
regarding the Developer's Agreement.
3. Add to #7. "Developer shall revise plans to indicate
changes in the utility plan to show looping of
watermain to the pump house. Costs will be paid by the
developer for the watermain looping to the pump house
property line and the City will pay for the watermain
on the pump house property."
4. Changing #8 to read as follows: "The driveway entrance
to Three Points Blvd. shall be shifted westerly, a
maximum of 7.5 feet, minimum of 5 feet if the driveway
impacts the forestation and grades revised to meet the
maximum City standard of 8~."
5. Add #10. E. to read as follows: "Side Yard Setback
variance - Side yard setback variances of 5 feet are
granted due to the unique shape of the site."
Ahrens moved and Jensen seconded the following resolution with
the above changes:
RESOLUTION #89-52 RESOLUTION AUTHORIZING A CONDITIONAL USE
PERMIT, PRELIMINARY PLAT (REPEAT)
APPROVAL AND APPROVAL OF VARIANCES FOR
HARRISON SHORES ADDITION, PID #13-117-24
22 0023, P & Z CASE #89-811 & 89-812
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING - CASE #89-813: DESPERADO'S, INC., 4451 WILSHIRE
BLVD., LOTS 3-18, BLOCK 8, AVALON, PID #19-117-23 31
0021, REZONING FROM B-3 NEIGHBORHOOD BUSINESS TO B-2
GENERAL BUSINESS
The City Planner explained the background of this request and
that Lots 1 through and including 18, Block 8, Avalon be rezoned.
The Planning Commission recommended approval of the rezoning.
The Mayor opened the public hearing.
The following persons spoke in favor of the rezoning: Fred
Guttormson, developer; Ken Smith, 2927 Cambridge Lane and
Planning Commission member. Oswin Pflug spoke in favor of the
restaurant project but stated he would rather see it remain a B-3
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May 9, 1989
district so that other uses allowed in the B-2 district never
have to be dealt with.
Craig Anderson, Skelly Station owner, spoke against the rezoning.
The Mayor closed the public hearing.
Jensen moved and Jensen seconded the following:
ORDINANCE #26-1989 AN ORDINANCE REZONING CERTAIN LANDS FROM
NEIGHBORHOOD COMMERCIAL (B-3) TO GENERAL
BIISINE88 (B-2)
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING - CASE #89-814: JAMES RATICAN, 2313 COMMERCE
BLVD., PART OF LOTS 54 & 55, LYNWOLD PARR, PID #14-117-
24 44 0042; CONDITIONAL USE PERMIT TO OPERATE A BINGO
HALL
The City Planner explained the applicant's request. The Planning
Commission recommended denial based on the request not meeting
the criteria for granting a conditional use permit because the
use is not reasonably related to the overall needs of the City
and
was to the existing land use. The issue of parking needs also
a problem for the Planning Commission.
Mr. Paul Melby, representing the applicant, made a presentation
to the Council on the following:
1. How the operation would function.
2. A typical bingo program;
a. cost to play
b. payouts.
3. How money is collected and handled.
4. Parking and traffic flow.
5. Selection of charities.
6. Who is a typical bingo player.
7. Impact on the City:
a. image
b. payroll
c. economics
8. Goals of the business.
The Mayor opened the public hearing.
The following persons spoke in opposition to granting the
conditional use permit: Stan Drahos, President Northwest Tonka
Lions; Ken Smith, Planning Commission member; Paul Meisel, owner
of the old bank building; Shorty Jackson, representing the
American Legion; Bob Shanley, Gambling Manager for the American
Legion; Father Mike Tegeder, Our Lady of the Lake Catholic
Church; Duane Leisinger, representing the Northwest Tonka Lions
and the American Legion; and Gerald Babb, representing the Mound
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May 9, 1989
Volunteer Fire Department.
The following persons spoke in favor of the project: James
Ratican, applicant for the conditional use permit; Kathy McClure,
Life Styles counselor; Jerry Longpre, 2300 Commerce Blvd.; Bill
Netka, owner of the building; Mike Netka, 4949 Island View Drive;
Hank Ulrick, Prior Lake.
The Mayor closed the public hearing.
The Council discussed the proposal, the Planning Commission's
recommendation and the criteria for granting a conditional use
permit.
MOTION made by Johnson, seconded by Smith directing the City
Attorney to prepare a denial resolution for P & Z Case #89-
814 because the proposal does not meet the criteria for
granting a conditional use permit as listed in Section
23.505.1 of the City Code numbers 1, 4, 6, 8, 9 and all
other reasons listed. The vote was unanimously in favor.
Motion carried.
CASE #89-816: TRIAX MIDWEST ASSOC.. L.P., 2385 WILSHIRE BLVD.,
LOTS 24, 25, 26 & 27, BLOCK 3, SHIRLEY HILLS UNIT
F; SIDE YARD VARIANCE
Jensen moved and Ahrens seconded the following resolution:
The Building Official explained the request. .The Planning
Commission recommended approval.
RESOLUTION #89-54 RESOLUTION TO APPROVE A SIDE YARD
VARIANCE FOR THE INSTALLATION OF A 3
METER RECEIVING DISH ANTENNA FOR TRIAX
CABLEVISION LOCATED AT 2381 WILSHIRE
BLVD., LOTS 24-27, BLOCK 3 SHIRLEY HILLS
UNIT F; PID #13-117-24 34 0071; P & Z
CASE #89-816
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There were no comments and suggestions.
REVIEW_ OF DOCK APPLICATIONS FOR LAREWINDB, MINNETONRA BOAT RENTAL
AND EDGEWATER MARINA, SEAHORSE CONDOMINIUMS AND CHAPMAN PLACE
No action was taken.
REVIEW OF APPLICATION TO DNR BY HENNEPIN COUNTY TO PERFORM
MAINTENANCE DREDGING IN CERTAIN CHANNELS ON LAKE MINNETONRA
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May 9, 1989
The City Manager explained that he has already written a letter
to Hennepin County asking that the Lost Lake Channel be included
in the dredging schedule. Councilmember Jensen asked that the
resident at the end of the channel be kept informed on this item.
The City Attorney explained that the County has a policy not to
maintain a channel that does not go into another lake.
MOTION made by Smith, seconded by Ahrens requesting Hennepin
County include the Lost Lake Channel in their dredging
schedule. The vote was unanimously in favor. Motion
carried.
REVIEW OF APPLICATION TO DNR BY CHAPMAN PLACE FOR INSTALLATION OF
DOCRB, REMOVAL OF WOODEN SEA WALL AND INSTALLATION OF RIP-RAP
No action was taken on this item.
APPROVAL OF 1989 DOCK REFUNDS
The City Manager stated the revised amount is $1,709.00.
MOTION made by Jessen, seconded by Johnson to authorize the
payment of the 1989 dock refunds as listed by the Dock
Inspector in the amount of $1,709.00. The vote was
unanimously in favor. Motion carried.
ADDITIONAL CONCRETE - HENNEPIN COUNTY ROAD 15 PROJECT
The City Engineer reviewed the list of options and the costs for
the open area between the back of the curb and the inside edge of
the sidewalk along County Road 15. They are as follows:
Plain Concrete 11,500 S.F. $1.86/S.F. $21,390.00
Colored Concrete 11,500 S.F. $3.25/S.F. $37,375.00
Exposed Aggregate 11,500 S.F. $3.00/S.F. $34,500.00
Concrete Paver Brick 11,500 S.F. $3.75/S.F. $43,125.00
Special Paver Brick 11,500 S.F. $5.50/S.F. $63,250.00
MOTION made by Smith, seconded by Ahrens to approve the
installation of plain concrete in the open area between the
back of the curb and the inside edge of the sidewalk along
County Road 15, at a cost of $21,390.00. The vote was
unanimously in favor. Motion carried.
NEW LICENSE APPLICATION
MOTION made by Johnson, seconded by Smith to authorize the
issuance of a Cigarette License to Joe~s Vending, 2009
Commerce Blvd. The vote was unanimously in favor. Motion
carried.
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May 9, 1989
RECYCLING UPDATE
The City Manager explained that Hennepin County had an emergency
meeting regarding the waste newspaper market. The group
recommended that the County Board approve a site for Hennepin
County to process waste newspaper.
The City Manager will keep the Council informed on the
replacement of Super Cycle who will no longer be performing
collection services.
SET PUBLIC HEARING DATE
MOTION made by Johnson, seconded by Jessen to set June 13,
1989, at 7:30 P.M. for a public hearing on proposed
vacation of a utility easement on private property. 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 $157,800.58, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
NORTHWEST TONRA LIONS APPRECIATION RESOLUTION
The City Manager explained that the Northwest Tonka Lions have
built a new concession building at Wolner Field.
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION #89-55 RESOLUTION OF APPRECIATION TO THE
NORTHWEST TONRA LIONS
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. Department Head Monthly Reports for April 1989.
B. Memo dated April 25, 1989, regarding Hennepin County's plan
to store newspapers at the Public Service Facility in
Hopkins. The City of Mound has been allocated a maximum of
12 tons.
C. Letter from Governor Rudy Perpich on making recycling a high
priority.
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May 9, 1989
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D. Letter dated April 19, 1989, from a resident on Island View
Drive regarding the City's Commons Docks Program. Also
attached is a letter from Jim Fackler, Park Director dated
April 28, 1989, informing the resident that he should appear
at the next Park Commission Meeting to present his concerns
to the Commission. Mr. Fackler has responded to the issues
raised and included is his response which went into the Park
Commission's packet for the May 11, 1989, meeting.
E. Memo from Hennepin County Commissioner Randy Johnson on
plastic recycling.
F. LMCD Representative's April report.
G. LMCD Meeting Schedule for May 1989.
H. REMINDERS:
- Annual LMC Conference June 6-9, 1989, Hyatt-Regency,
Minneapolis. Let Linda know by May 19, 1989, if you
wish to attend.
0
- NLC Seminar on Economic Development in conjunction with
LMC Conference, June 6, 1989, Hyatt-Regency. Let Linda
know by May 19, 1989, if you wish to attend.
- Committee of the Whole Meeting, Tuesday, May 16, 1989,
6:30 P.M., City Hall.
- County Road 15 Grand Opening, Saturday, May 6, 1989,
10:30 A.M. at the Marina Shopping Center in Spring
Park.
MOTION made by Ahrens, seconded by Jessen to adjourn at
12:15 A.M. The vote was unanimously in favor. Motion
carried.
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Fran Clark, CMC, Ci y Clerk