2017-04-25 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
April 25, 2017
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, April 11, 2017, at 7:00 p.m. in the Council Chambers of the Centennial Building.
Members present: Mayor Mark Wegscheid, Council Members Ray Salazar, Jeff Bergquist,
Jennifer Peterson, and Kelli Gillispie
Members absent: none
Others present: City Manager and Director of Public Works Eric Hoversten, Director of
Community Development Sarah Smith, Administrative Assistant Mary Mackres, Public Works
Superintendant Ray Hanson, Paul Kaster, Laura Lloyd, Aubrie Gould, Dan Zellmer, Diane
Brickley, Dale Copeman, Nicole Brodzik, and David Olson
Consent agenda: All items listed under the Consent Agenda are considered to be routine in
nature by the Council. There will be no separate discussion on these items unless a Council
Member or citizen so requests, in which event it will be removed from the Consent Agenda and
considered in normal sequence.
1. Open meeting
Mayor Wegscheid called the meeting to order at 7:00 p.m.
2. Pledge of Allegiance
3. Approve agenda
Hoversten stated that Item 4e in the agenda should include the verbiage "and waiving fee
due to public purpose of gathering." The resolution does include the terminology in its title.
Hoversten noted this event coincides with school and baseball fundraiser and occurs on
Wolner Field, therefore, no fees are charged.
MOTION by Salazar, seconded by Bergquist, to approve the agenda with amendment.
All voted in favor. Motion carried.
4. Consent agenda
MOTION by Salazar, seconded by Gillispie, to approve the consent agenda.
Upon roll call vote, all voted in favor. Motion carried.
A. Approve payment of claims in the amount of $347,848.39
B. RESOLUTION NO. 17-54: RESOLUTION AUTHORIZING OUT OF STATE TRAVEL
FOR PUBLIC WORKS EMPLOYEES FOR TRAINING
C. RESOLUTION NO. 17-55: RESOLUTION APPROVING PUBLIC GATHERING
PERMIT AND MUSICAL CONCERT PERMIT FOR 2017 RIVER VALLEY CHURCH
PICNIC AT SURFSIDE PARK AND BEACH ON JUNE 11, 2017
D. RESOLUTION NO. 17-56: RESOLUTION APPROVING MUSICAL CONCERT
PERMIT FOR PRIVATE EVENT AT 1786 SHOREWOOD LANE ON JULY 1, 2017
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F. Approve a permit for a 1-4 day temporary liquor license for Fundraising Event at Mound
American Legion on May 20, 2017 and Waiving Fee Due to Public Purpose of Gathering
H. RESOLUTION NO. 17-59: RESOLUTION APPROVING MOUND FIRE RELIEF
ASSOCIATION PERMITS FOR 2017 ANNUAL FISH FRY ON JUNE 3, 2017 AND
WAIVING FEES DUE TO PUBLIC PURPOSE OF GATHERING
1. Public Gathering Permit
2. Musical Concert Permit
3. Seasonal, Banner and Portable Sign Permit
4. 1-4 Day Temporary On -Sale Liquor License
1. RESOLUTION NO. 17-60: RESOLUTION APROVING 2017 SEASONAL REQUEST
FROM MOUND FARMERS' MARKET IN DOWNTOWN MOUND WITH REDUCED
FEES DUE TO PUBLIC PURPOSE OF GATHERING
J. RESOLUTION NO. 17-61: RESOLUTION APPROVING CHANGE ORDER NO. 1 IN
THE AMOUNT OF $74,288.26 FOR THE 2016 LIFT STATION IMPROVEMENT
PROJECT - LYNWOOD BLVD LS D2, CITY PROJECT NO. PW -16-05
K. RESOLUTION NO. 17-62: RESOLUTION AUTHORIZING THE CITY MANAGER TO
SIGN PROPOSAL FOR CONSTRUCTION MATERIALS TESTING SERVICES, 2017
STREET, UTILITY AND RETAINING WALL IMPROVEMENTS
5. Comments and suggestions from citizens present on any item not on the agenda.
Paul Kaster, lives on Casco Pt. in Spring Park but has a rental property at 1672 Eagle Lane
in Mound. Kaster says that the neighbor on Finch Lane, which is above Kaster's property,
added a garage. Kaster says that when this garage was built, the property owner on Finch
did not backfill the side of the garage and this has since washed down into Kaster's property
below. This happened last fall and Kaster says he has been working with the City Building
Official, Stewart Simon, City Field Officer, and the contractor who built the garage. This
problem has not yet been fixed. Kaster says the condition is getting worse. Kaster's renter
would like to stay in the house but Kaster feels there will be a mold problem if conditions
don't get fixed. A silt fence was put on one side of garage. According to Kaster's renter,
every time it rains, water comes down into the background bringing with it mud. There is
currently about 8-10" of mud in Kaster's backyard.
Mayor Wegscheid and Salazar questioned if the runoff was also coming from the street.
Kaster says the runoff is only from the back of the neighbor's garage. This property is 30'
higher than Kaster's. Kaster stated this runoff was not happening prior to the neighbor's
new garage being built. Kaster says there are approximately 7-10 yards of dirt down in his
yard.
Mound City Council Minutes — April 25, 2017
Mayor discussed with City Manager and Hoversten said he was not aware of this issue. The
Mayor directed Staff to follow-up accordingly.
6. Action to approve minutes from 4/11/17 regular meeting
MOTION by Salazar, seconded by Gillispie, to approve minutes from 4/11/17 regular
meeting. Salazar, Gillispie, Wegscheid, and Bergquist voted in favor, Peterson abstained.
Motion carried.
7. Dale Copeman from the Westonka Soccer Club presenting a donation for the parks
Dale Copeman, 5600 Dutch Lake Court, Minnetrista, donated $500 to parks on behalf of the
Westonka Soccer Club. Copeman stated that the Soccer Club is using Philbrook Park right
now and they love it and thanked the City for the use of the park.
Mayor Wegscheid thanked Copeman and informed the Council that Copeman had also
been instrumental in raising funds for the soccer fields at the high school.
8. Planning Commission Recommendation
A. Public Hearing for review of Conditional Use Permit (PC Case No. 17-05)
Application requesting an amendment to allow outdoor dining area at Surfside
Bar and Grill located at 2544 Commerce Boulevard
Applicant: Dan Zellmer (on behalf of ENZ Properties, LLC)
Sarah Smith presented an overview of the case for consideration and public
hearing. The applicant is requesting amendment to the Conditional Use Permit
(CUP) which allows operation of Class III restaurant at 2544 Commerce. The
CUP was originally issued in 2014 to Cattails Kitchen and Cocktails. The
property was then soldin 2016 to ENZ Properties in which applicant Dan Zellmer
is a partner/owner.
Smith said a condition in the original CUP resolution stated that if the proposed
restaurant wanted to include outdoor dining an amendment to the original CUP
was needed. Smith stated that from a procedural standpoint, an amendment to
the CUP requires Planning Commission review before a City Council public
hearing is scheduled as well as mailed notice to any properties within 350 feet of
establishment. The Public Hearing is scheduled for review tonight.
Smith stated that the current CUP allows for a Class III restaurant, which
includes the sale of alcoholic beverages and live/prerecorded music. Smith said
the proposed amendment would allow those activities to extend into the outdoor
patio area. She added that the existing restaurant seating capacity doesn't
change with this application though there will be an addition of 32 seats in the
outdoor dining area. Smith said the additional seating would require an
amendment to the owner's liquor license which is a separate procedure than this
CUP amendment.
Smith said the proposed area is in a conforming location and there would not be
a net increase in hardcover. She said the allowable hardcover is 75% and
outdoor dining is not creating additional hardcover. Smith stated the parking at
Surfside is adequate for the site and the applicant has confirmed there are 70
parking spaces.
Mound City Council Minutes — April 25, 2017
Smith says in regards to other activities this is an amended request, not a new
one. She said the City Code requires amendments or new CUPs to be reviewed
by the Planning Commission which was done earlier this month. Smith says the
adjacent neighbors were notified of the Planning Commission review and one
resident expressed concern with noise and other operational issues. Smith
stated the Planning Commission talked about the sound system on the premises.
She added the applicant subsequently met with neighboring property owners and
addressed their concerns. Smith said the current CUP includes a provision that
activities need to be consistent with Minnesota Pollution Control Agency noise
standards.
Smith says the hours of operation for the outdoor dining area were included in
the planning report and the Planning Commission review was favorable. Smith
said that if there are any noise -related issues, the CUP can be revisited and
revoked if that is necessary. Smith added that in regards to design related items,
the applicant is proposing to use a post and rope type component and not a
fence, with a soft nautical type design, complementing the building's architecture.
Smith stated an important item to note is that there needs to be only one
entrance in/out to the outdoor seating and an updated site/seating plan needs to
be submitted with the liquor license renewal application as well.
Smith said the recommendation by the Planning Commission and Staff is for
approval of the amendment to the CUP for outdoor seating.
Mayor Wegscheid opens public hearing at 7:22 p.m., and with no public
input closed public hearing at 7:22 p.m.
Requested Action
Approve Resolution Amending and Restating Resolution No. 17-24
Approving a Conditional Use Permit Application that Allows Operation of
a Class III Liquor Service Restaurant at 2544 Commerce Boulevard
MOTION by Salazar, seconded by Gillispie to approve resolution. All voted in
favor. Motion carried.
B. Public Hearing for review of Conditional Use Permit (PC Case No. 17-17)
Application (PC Case No. 17-07) requesting an amendment to the Planned
Development Area for the Indian Knoll Manor Apartment Remodel/Expansion
and New Townhouse Construction Project located 2020 Commerce Boulevard
and the property formerly located at 5524 Spruce Road
Consideration of Variance Application (PC Case No. 17-18)
Applicant: Blake Hopkins from Aeon (acting as Managing Partner of IKM Limited
Partnership)
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Mound City Council Minutes —April 25, 2017
Sarah Smith presented the application for amendment to the CUP for the
property at 2020 Commerce Blvd. which includes the property at 5524 Spruce
Road. Smith stated that this project was approved at previous meetings and a
requirement of the project was to procure and obtain approvals for storm water
and erosion control from the Minnehaha Creek Watershed District (MCWD).
Smith said the review by MCWD found the existing storm water system which
was proposed was not adequate to address runoff from the existing building.
She added that Aeon had to go back and come up with an alternate solution that
met the quality and quantity issues of the MCWD and due to those changes
Aeon needed to request an amendment to the plan to accommodate the
MCWD's request. Smith stated the original parking lot was proposed to be
constructed with a pervious product but Aeon needed an alternate solution.
Smith said the solution was an underground system underneath the parking lot
which will handle all of the runoff, treatment, etc. and the pervious pavers cannot
be used. Smith said the MCWD required new system changes has caused the
hardcover count to increase in order to accommodate the underground system to
handle the water for the entire project and as a result of these changes Aeon
submitted the CUP for review with changed language in relation to the variance.
Smith said these CUP changes required a public hearing to be held.
Mayor Wegscheid opens the public hearing at 7:32 pm.
Diane Brickly, 5514 Spruce, said she is happy the City is dealing with watershed
issues as the street currently floods when it rains. Brickly mentioned some things
about the construction site, including that neighboring property owners are not
happy with the construction management. Brickly feels the workers should be
cognizant of where they are throwing trash and cigarette butts. Brickly is also
concerned with the parking because it is only allowed on one side of the street.
Brickly is concerned about additional parking that will be used on Spruce Road
once residents move in. Brickly would like Spruce Road to be a no parking area.
Mayor Wegscheid closed the public hearing at 7:35 pm.
Mayor Wegscheid asked the Aeon representative, Aubrie Gould, what the
timeline was for implementation. Gould said the work should be done in the next
couple of months.
Requested Action
Approve Resolution Amending and Restating Resolution No. 16-
82 Granting Approval of conditional Use Permits, Expansion
Permits, and Variances for Indian Knoll Manor
MOTION by Salazar, seconded by Gillispie to approve resolution. All voted in
favor. Motion carried.
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C. Public Hearing for review of Conditional Use Permit Application
(PC Case No. 17-09) to allow an Essential Service Building at Mound Public
Works Equipment and Storage Yard.
Applicant: Public Works Superintendent Ray Hanson (on behalf of the City of
Mound)
Sarah Smith presented plans for the public works storage yard. She said the
CUP is a request for approval of an essential service building at the existing
public works storage yard and noted that according to code, the land is zoned as
Industrial, 1-1. Smith said the essential service building is necessary for the
overall operations of the public works staff and this request qualifies as a
necessity and would be exempt from design, bulk and setback requirements.
Smith added this is a construction of a white membrane structure to provide all
season containment and cover for items now stored in the open and the Planning
Commission was favorable for approval.
Mayor Wegscheid asked questions about the structure. Hanson said the
structure would have a 16x16 center overhead door and on the right side there
will be a man -way service door with no utilities to the structure at this point.
Mayor Wegscheid asked about the timeline for the project. Hanson stated it
should be done by the end of May.
Gillispie asked what type of material this was. Hoversten said it was PVC
impregnated canvass, which is more heavy-duty than residential type "hoop
houses."
Salazar asked what would be kept in the structure. Hanson said winter road
materials would be kept in there.
Bergquist asked what the life expectancy of the fabric would be. Hanson stated
that it is 20 years. Hoversten said these types of structures last a very long time
and putting up an engineered structure would cost close to seven digits.
Hoversten said the this structure would cost around five digits.
Mayor Wegscheid opened the public hearing at 7:47 p.m., and with no
public input, closes public hearing at 7:47 p.m.
Requested Action
Approve Resolution Approving Conditional Use Permit Application
for Essential Service Building at Mound Public Works Equipment
and Storage Yard on Lynwood Boulevard
MOTION by Salazar, seconded by Gillispie to approve resolution. All voted in
favor. Motion carried.
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Mound City Council Minutes — April 25, 2017
9. Information/Miscellaneous
A. Comments/reports from Council Members
Hoversten informed the Council of their role in the HRA and said if there are no agenda
items pertinent to the HRA, a meeting will not be scheduled.
Hoversten reminded everyone of the upcoming community events:
April 27 - Community Prayer Breakfast
May 20 - Mound Farmers' Market and More begins
June 3 - Fire Dept fish fry. Tickets will be sold door-to-door by the firefighters. Tickets can
also be purchased at City Hall. Proceeds from this event go to the relief and auxiliary who
both make donations back to the department. Examples include ladder truck equipment that
were purchased from relief and auxiliary donations.
B. Reports: Mound Fire Department - March 2017
C. Minutes: Planning Commission - March 7, 2017
D. Correspondence: Invitation to May 2, 2017 Republic Services Grand Opening of
the Eden Prairie Compressed Natural Gas -Powered Fleet and
Fueling Station
10. Adjourn
MOTION by Bergquist, seconded by Peterson, to adjourn at 7:51 p.m. All voted in favor.
Motion carried.
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Mayor Mark Wegscheid �—
Attest: Catherine Pausche, Clerk