1996-04-09MINUTES - MOUND CITY COUNCIL- APRIL 9, 1996
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
April 9, 1996, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City.
Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz
Jensen and Phyllis Jessen. Also present were: City Manager Ed Shukle, City Attorney Curt
Pearson, Building Official Jon Sutherland, City Planner Mark Koegler, Parks Director Jim
Fackler and Acting City Clerk Linda Strong.
The following interested citizens were also present: Marilyn Byrnes, Jim Byers, Chris Valerius,
Phil Fisk, Steve Bell, Bev Botko, Mark Goldberg, Gordy Tulberg, Tim Mayek, Rodrigo Plaza,
Peter Meyer, Julie Christensen.
The Mayor opened the meeting.
The Pledge of Allegiance was recited.
1.0 APPROVE THE MINUTES OF THE MARCH 26, 1996 REGULAR CITY
COUNCIL MEETING.
MOTION by Hanus, seconded by Jensen to approve the Minutes of the March 26,
1996 Regular Meeting. The vote carried 3-0, Jessen and Polston abstained.
1.1 PUBLIC HEARING: CASE 96-09: CHRISTINE VALERIUS FOR BRICKLEY'S
MARKET, 2242 COMMERCE BLVD., PART OF LOTS 4 -46, KOEHLER'S
ADDITION TO MOUND, PID 13-117-24 33 0073. CONDITIONAL USE PERMIT
FOR DRIVE-IN BUSINESS.
City Planner Mark Koegler reviewed the case stating the applicant is proposing to add a drive-in
window on the north side of the building. A conditional use permit is required and the City
needs to recognize an existing non-conforming setback variance for the building in which the
Market is located. Section 350:670 of the Mound Zoning Code identifies Drive-In Retailing
establishments as a conditional use in a B-1 Zone. The plan presented has a number of issues
that can be addressed through physical improvements. A plan for a curb, and drainage areas,
needs to be submitted to the City Engineer for approval prior to any construction. Based upon
the submitted plan, the City Engineer will determine if a curb is needed or if a series of
decorative bollards should be installed along the edge of the pavement. Bituminous surfacing
was discussed and the driveway entries were in poor condition. The northernmost parking
space along the bay of parking in front of the Market will be removed. The Planning
Commission recommended approval.
Questions and comments were received from the Council. Councilmember Hanus stated item
'h' in the resolution that stated "...well is no longer needed, check if it should be removed."
should be changed to "... well is no longer needed, it shall be removed." Koegler stated
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Minutes - Mound City Council April 9, 1996
the well had a metal cover and did not hinder driving. Councilmember Jensen inquired if it is
legal to sell cigarettes and 3.2 beer through a drive-in window. The placement of trees along
Lynwood Blvd. was discussed. Koegler stated the bituminous cover was in poor condition and
should be replaced or overlaid, which could result in a change of elevation and subsequently a
change in elevation.
The Mayor opened the public hearing.
Julie Christensen, owner of "The Coffee Place", located directly across Commerce Blvd. from
Brickley's Market stated the installation of a drive-in window would be in direct competition
with her new business which had been for only 4 months. Did the Council offer any support
for new businesses and competition? The Mayor stated the Council could not legislate
competition.
There being no more comments from citizens present on this item, the Mayor closed the public
hearing.
Councilmember Ahrens moved and Councilmember Jensen seconded the following resolution
and including item 'h' be amended and adding that a surface and drainage plan be submitted and
approved prior to permit issuance:
RESOLUTION//96-34
RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT TO ALLOW A DRIVE-IN RETAILING
ESTABLISHMENT FOR BRICKLEY'S MARKET
LOCATED IN THE B-1 CENTRAL BUSINESS
DISTRICT AT 2242 COMMERCE BLVD., IN PART
OF LOTS 40-46, KOEHLER'S ADDITION TO
MOUND, PID//13-117-24 33 0073, P&Z//96-09
The resolution passed 5-0.
1.2
CASE 96-10: RICHARD MCCARTHY, 4877 HANOVER ROAD. LOTS 9. 10. &
~t' OF 8, BLOCK 16, DEVON, PID 25-117-24 11 0148. VARIANCE FOR
GARAGE.
Building Official Jon Sutherland stated the owner has applied for a variance to recognize an
existing nonconforming front yard setback of 15' and a nonconforming rear yard setback of 6.8'
to allow construction of a conforming 20' x 24' detached garage. Staff and Planning
Commission unanimously recommend approval. The sewer and water connections were
acceptable. Councilmember Jensen asked about the garage on Parcel B. This is the garage that
was supposed to be removed in 1983. She wondered if the property owner now is different than
the property owner in 1983 who had requested subdivision and did not remove the garage as
instructed. She wanted verification as to who the owners were. The applicant was not present.
Discussion was held to table this item until ownership could be verified.
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Minutes - Mound City Council April 9, 1996
MOTION made by Ahrens and seconded by Jensen to table this item until the
staff could verify that the current property owner is not the same property
owner in 1983 when the subdivision was granted. The motion carried 5-0.
The item was referred back to staff for verification.
(Note: This item was brought back to the Council at the end of this meeting.
these Minutes.)
See further in
1.3
PRESENTATION OF A PLAN FOR IMPLEMENTING COMMONS TASK FORCE
RECOMMENDATIONS IN THE AREA OF PEMBROKE PARK/DEVON
COMMONS - MARK GOLDBERG, COMMONS TASK FORCE CHAIR,
Mayor Polston introduced Mark Goldberg. Chair of the Commons Task Force, and Bev Botko,
Gordy Tulberg, Marilyn Byrnes, Rodrigo Plaza as members of the Commons Task Force.
Mark Goldberg shared with the Council their recommendations thus far. The task force wished
to recommend changes at Pembroke Park on Devon Commons and to use this recommendation
as a pilot project for future use in reducing the congestion created with several docks along a
commons area that create problems for the abutting property owners whose homes are close to
the shore and at eye level. Their suggestion was to have the City install a multi-boat dock
complex at the north end of Devon Commons just south of the swimming beach. He discussed
with the Council the costs of installation and how the project could work. The task force will
schedule a meeting of these dock holders involved and work out the details with them before
construction begins. The City would own and install the dock, funds would be used from the
dock fund and not from tax dollars. The Council concensus was that the concept sounded
workable.
MOTION by Poiston, seconded by Hanus and carried unanimously to
approve the conceptual plans of the Commons Task Force for a multi-boat
dock complex and to set up a meeting with the commons dock holders at
Pembroke Park on Devon Commons to discuss the possibility of a multi-dock
complex to be built by the City at this location to eliminate dock and boat
congestion from abutting properties along this common.
The date of this meeting was set at April 20th or 21st. Goldberg stated place and time would
be set by the task force.
Mark Goldberg also discussed briefly with the Council encroaching structures on the commons.
Ownership and responsibility of structures was discussed. Rules were discussed regarding the
encroachments. City Attorney Curt Pearson stated there would have to be agreement among
the owners, an inventory needed to be made as to what is encroaching and where, define the life
time of these structures, work out a program to accept and acknowledge ownership and
responsibility, and the costs.
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Minutes - Mound City Council April 9, 1996
MOTION by Hanus to direct staff to work with the risk management
organization within the LMC and to have the City Attorney informed and the
City Attorney then detail what the Council would need to do.
The motion died for lack of a second.
Hanus suggested the Task Force needs to be more specific as to exactly what their proposals for
structures on commons involves. Jim Faclder, Parks Director, stated there were records
indicating the encroaching structures. The Task Force will return to the Council with a plan and
proposal for the caring of encroaching structures on the Commons at a future date. Goldberg
stated the task force still had much to do regarding this issue. The Council applauded the Task
Force on their work up to this date and encouraged the Task Force to continue working on the
several commons issues.
1.4 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
Regarding the proposed multi-dock at Pembroke Park.
Peter Meyer, member of the Parks and Open Space Commission, questioned the beach safety
at Pembroke Park if a multi-boat dock was created. He also stated that this dock proposal has
not been brought to the Parks and Open Space Commission for review. He mentioned a storm
sewer at the north end of the park. Hanus stated the dock is proposed on the Commons not at
the beach. Jim Faclder, Parks Director, stated the configuration of the beach boundaries could
easily be changed.
1.5
SET PUBLIC HEARING TO CONSIDER THE VACATION OF 12' WIDE
PLATTED RIGHT-OF-WAY LOCATED IN BLOCK 2, SHIRLEY HILLS UNIT
A (ADJACENT TO 4873 SHORELINE DRIVE) SUGGESTED DATE: MAY 14,,
1996.
MOTION by Jessen, seconded by Ahrens to set May 14, 1996 for a public
hearing to consider the vacation of 12' wide platted right-of-way located in
block 2, Shirley Hills Unit A, (adjacent to 4873 Shoreline Drive). Motion
carried unanimously.
1.6
APPROVAL OF PERMITS RE: 1996 MOUND CITY DAYS, NORTHWEST
TONKA LIONS AND MOHAWK JAYCEES, JUNE 14-16, 1996.
MOTION by Jensen, seconded by Ahrens to approve the permits requested
by the Northwest Tonka Lions and Mohawk Jaycees as follows for the Mound
City Days June 14-16, 1996:
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Minutes - Mound City Council April 9, 1996
Entertainment Permits for 6-15 and 6-16, Temporary On-Sale Non-
Intoxicating Malt Liquor Permits and Set Ups, Dance Permit. Also, requests
have been filed for carnival, fireworks and concessions. Approval contingent
upon current insurances.
1.7
LICENSE RENEWALS: GAMES OF SKILL, POOL, BOWLING, AMUSEMENT
DEVICE AND RESTAURANT
The following license renewal period is 5/1/96 through 4/30/97. Approval is contingent upon
all required forms and insurance being submitted:
MOTION by Ahrens, seconded by Hanus, and carried unanimously to
approve the following listed license renewals. Approval contingent upon all
required form~ being submitted.
Games of Skill
A1 & Alma's Supper Club
American Legion Post #398
VFW Post #5113
P001
VFW Post #5113
Bowline
Mound Lanes
Amusement Device
American Legion Post #398
VFW Post #5113
Restaruant
A1 & Alma's Supper Club
American Legion Post #398
Domino's Pizza
Happy Garden
Hardee's
House of Moy
Mound Lanes
Scotty B's
Subway Sandwiches
VFW Post #5113
The Coffee Place
1.2
CASE 96-10: RICHARD MCCARTHY, 4877 HANOVER ROAD, LOTS 9. 10. &
3' OF 8, BLOCK 16, DEVON, PID 25-117-24 11 0148. VARIANCE FOR
GARAGE.
Building Official Jon Sutherland presented information to the Council stating the owner of 4877
Hanover Road is a different owner than in 1983, when a resolution was passed to remove the
garage on the Parcel B.
MOTION by Jeusen, seconded by Hanus and carried unanimously to remove
this item from table, and return it to the Council for action.
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Minutes - Mound City Council April 9, 1996
Councilmember Ahrens moved and Councilmember Jensen seconded the following resolution:
RESOLUTION//96-35
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
FRONT AND SIDE YARD SETBACK TO ALLOW
CONSTRUCTION OF A CONFORMING DETACttEr}
GARAGE AT 4877 HANOVER ROAD, LOT 9 AND 10,
AND THE WEST 3 FEET OF LOT 8, BLOCK 16,
DEVON, PID 24-117-24 11 0148, PZ#96-10.
The resolution passed with a 5-0 vote.
1.8
PAYMENT OF BILLS
MOTION made by Jensen, seconded by Jessen to authorize the payment of
bills as presented on the pre-list in the amount of $219,483.75, when funds
are available. A roll call vote was unanimously in favor. Motion carried.
1.9 INFORMATION/MISCELLANEOUS:
A. DEPARTMENT HEAD MONTHLY REPORTS FOR MARCH, 1996.
B. LMCD REPRESENTATIVE'S MONTHLY REPORT.
C. PLANNING COMMISSION MINUTES OF MARCH 25, 1996.
D. ECONOMIC DEVELOPMENT COMMISSION MINUTES OF 3/21/96.
E. MEMO FROM SENATOR GEN OLSON RE: PROPERTY TAX FREEZE.
City Manager Ed Shukle stated that a property tax freeze did not pass. Senator Gen Olson and
Representative Steve Smith will be attending a Council meeting in the future pertaining to this
issue.
F.
G.
FLYER FOR SPECIAL RECYCLING DAY SATURDAY, APRIL 27, 1996.
REMINDER: ANNUAL PARKS TOUR, TUESDAY, APRIL 30, 1996, 6:30
PM.
REMINDER: COMMITTEE OF THE WHOLE MEETING IS SCHEDULED
FOR TUESDAY, APRIL 16, 1996, 7:30 PM.
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Minutes - Mound City Council April 9, 1996
City Manager Ed Shukle referred to a handout, regarding a skating rink on school property, that
Pete Meyer presented for discussion at the next Committee of the Whole Meeting.
REMINDER: ANNUAL BOARD OF REVIEW IS SCHEDULED FOR
TUESDAY, APRIL 23, 1996, 7:00 PM (NOTE: THIS IS PRIOR TO THE
REGULAR MEETING).
DEADLINE FOR THE WOODLAND POINT MEDIATION PROCESS HAS
BEEN EXTENDED. FINAL MEETING IS SCHEDULED FOR
WEDNESDAY, APRIL 17, 1996. RECOMMENDATIONS WILL BE
FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION AT
THEAPRIL 23, 1996 CITY COUNCIL MEETING. DEADLINE FOR
APPEALING THE FLACK V. CITY OF MOUND LAWSUIT IS APRIL 30,
1996.
Councilmember Phyllis Jessen mentioned that her term expires December 31, 1996 and she will
not be seeking re-election. She stated she believed serving your city was a privilege and
encouraged persons to seek participation in their city government.
MOTION by Jessen, seconded by Ahrens, and carried uanimously to adjourn
the meeting at 9:25 PM. The meeting a~. / ~
Attest:
158
BILLS 'April 09, 1996
BATCH 6033 $104,753.01
BATCH 6034 114,730.74
Total Bills $219,483.75
159