1998-09-22MINUTES - MOUND CITY COUNCIL - SEPTEMBER 22, 1998
Thc City Council of thc City of Mound, Hcnn~in County, Minnesota, met in rcgulax s ssion
on Tuesday, September 22, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood
Road, in said City.
Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz
Jensen, and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr.,
City Attorney John Dean, City Clerk Fran Clark, Building Official Jon Suthedand, Assistant
City Planner Loren Gordon and the following interested citizens: Garrett Lysiak, Scot
McKenzie, Michael Mueller, Pat & Irene Harrington, Keith Randklev, Steve Mangold, Greg
Robbins, Craig Gallop, Jim Strommen, Ron DeVinney, Michele Berglund, Dennis Hildebrandt,
Marty Woods, Pam Myers, Merritt Geyen, Bob Abdo, and Jay Soule.
The Mayor opened the meeting and welcomed the people in attendance. The Pledge of
Allegiance was recited.
*Consent Agen&g' All items listed under the Consent Agenda are considered to be routine by
the Council and will be enacted by a roll call vote. There will be no separate discussion of these
items unless a Councilmember or Citizen so requests, in which event the item will be removed
from the Consent Agenda and considered in normal sequence.
Councilmember Weycker asked that Item F (Street Light Request) on the Consent Agenda be
removed.
Councilmember Jensen asked that Item A (Minutes of September 8, 1998) be removed.
The City Manager reported that there are two additions to the Consent Agenda as follows:
A Certificate of Recognition for Dr. Jim Byers.
Set Date for Public Hearings on Delinquent Utility Bills and the Central Business
District for Tuesday, October 13, 1998.
*CONSENT AGENDA
MOTION made by Ahrens, seconded by Hanus to approve the Consent Agenda as
amended above. The vote was unanimously in favor. Motion carried.
1.0
CASE 98-51: MAJOR SUBDIVISION EXTENSION FOR 2240 COMMERCE
BLVD., LOTS 40 & 41 INCLUSIVE, KOEHLER'S ADDITION TO
MOUND, PID #'S 13-117-24 33 0073 & 13-117-24 33 0041,
RESOLUTION #98-101
RESOLUTION TO APPROVE A ONE (1) YEAR
EXTENSION OF A MAJOR SUBDIVISION
ORIGINALLY APPROVED BY RESOLUTION//9%106
FOR 2240 COMMERCE BLVD, LOTS 40-41
INCLUSIVE, KOEHLER'S ADDITION TO MOUND,
PID# 13-117-24 33 0073 & 13-117-24 33 0041, P & Z
CASE//98-51 & 97-37
Ahrens, Hanus, unanimously.
461
*1.1
MOUND CITY COUNCIL MINUTES - SEPTEMBER 22, 1998
VARIANCE. ~IDE YARD SETBACKS. BOATHOUSE SETBACKS
TO REPLACE EXISTING DECK AND TO ADD DECK AND
STAIRWAY ON BOATHOUSE, PAT HARRINGTON, 4687 ISLAND
VIEW DRIVE, LOT 19, & NWLY % OF LOT 18. BLK 1. DEVON.
PID #30-117-]~ 22 0009.
RESOLUTION g98-102
RESOLUTION TO APPROVE A TWO SIDE YARD
AND A BOAT HOUSE REAR AND SIDE YARD
SETBACK VARIANCES IN ORDER TO ALLOW FOR
CONSTRUCTION TO REPLACE THE
CONFORMING EXISTING DECK ON THE
PRINCIPLE STRUCTURE, AT 4687 ISLAND VIEW
DRIVE, LOT 19 & NWLY OF LOT 18, BLOCK 1,
DEVON, PID 30-117-23 22 0009, P & Z CASE//98-52
Ahrens, Hanus, unanimously.
'1.2
CASE98-54: VARIANCE, LAKESIDE SETBACK TO BOATHOUSE TO
CONSTRUCT AN ADDITION ON PRINCIPAL STRUCTURE. SCOT
MCKENZIE, ~251 BARTLETT BLVD,. P/LOT 32. AUDITOR'S
SUBD. 170, LOT 19 & P/18, SHIRLEY HILLS UNIT C, PID #24-
117-24 24 0031.
RESOLUTION g98-103
RF~OLUTION TO APPROVE A BOAT HOUSE
LAKESIDE SETBACK VARIANCE IN ORDER TO
ALLOW FOR CONSTRUCTION OF A
CONFORMING ADDITION TO THE PRINCIPLE
STRUCTURE, AT 5251 BARTLETT BLVD, LOT 19
AND WLY 10 FT OF LOT 18, BLOCK 1, SHIRLEY
HILLS UNIT C ALSO SELY 15 FT OF LOT 32 AUD
SUBD NO 170, PID# 24-117-24 24 0031, P & Z CASE
g98-54
Ahrens, Hanus, unanimously.
'1.3
APPROVAL OF RESOLUTION 98- RESOLUTION ELECTING TO CONTINUE
PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT
PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
FOR CALENDAR YEAR 1999~
RESOLUTION g98-104
RESOLUTION ELECTING TO CONTINUE
PARTICIPATION IN THE LOCAL HOUSING
INCENTIVES ACCOUNT PROGRAM UNDER THE
METROPOLITAN LIVABLE COMMUNITIES ACT -
CALENDAR YEAR 1999
Ahrens, Hanus, unanimously.
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MOUND CITY COUNCIL MINUTES - SEPTEMBER 22, 1998
'1.4 PAYMENT OF BILLS,
MOTION
Ahrens, Hanus~ unanimously.
*1.5 CERTWICATE OF RECOGNITION.
The City Manager explained that this Certificate of Recognition is for Dr. Jim Byers who has
been named Minnesota Outstanding Person of the Year by the Minnesota Jaycees and who will
be named the Business Person of the Year by the Westonka Chamber of Commerce on
Thursday, September 24, 1998.
'1.6 SET PUBLIC HEARING DATE FOR SPECIAL ASSESSMENTS,
The City Manger recommended setting these public heatings (delinquent sewer and water bills,
and CBD Assessments) for Tuesday, October 13, 1998.
MOTION
Ahrens, Hanus, unanimously.
1.7 MINUTES OF THE SEPTEMBER 8, 1998, REGULAR MEETING,
Councilmember Jensen stated that she voted against Resolution g98-98, Item 1.9, on Page 3680
of the packet.
Councilmember Hanus stated that he would like Councilmember Weycker's comment and his
response regarding the motion that was passed at the August 18, 1998 put into the minutes
regarding Dock Site 41866.
MOTION by Jensen, seconded by Weycker to table the Minutes of September 8,
1998, until the next meeting, October 13, 1998. The vote was unanimously in favor.
Motion carried.
1.8 REQUEST FOR STREET LIGHT, LOWER CUL DE SAC, BEACHWOOD RD.
Councilmember Weycker asked if all the persons affected by this street light had been notified
of this request for a street light. The City Manager explained that 17 people signed the petition
for the street light. Councilmember Weycker asked that all the people who will be affected by
the light be contacted before the street light is installed.
Polston moved and Hanus seconded the following resolution:
463
MOUND CITY COuNcIL MINUTES- SEPTEMBER 22, 1998
RESOLUTION g98-105 RESOLUTION APPROVING A REQUEST FOR THE
INSTALLATION OF A STREET LIGHT IN THE LOWER
CUL-DE-SAC OF BEACHWOOD ROAD OFF OF
BARTLETT BLVD. AFTER PERSONS AFFECTED ARE
NOTIFIED.
The vote was unanimously in favor., Motion carried.
1.9
EXECUTIVE SESSION: US WEST WIRELESs' REQUF_~T FOR VARIANCE
TO TELECOMMUNICATIONS ORDINANCE.
The City Attorney explained that following the last Council Meeting, the City retained a
consultant to review the data supplied to the City by U.S. West Wireless, in connection with its
application process. The City now has the information available from the consultant. Because
of the potential for litigation in this case, should the City take action in the form of the
resolution that was drafted for consideration by the Council, it was the City Attorney's
suggestion that the Council go into Executive Session to discuss the results of the independent
consultant and the implications of the Federal Telecommunications Act on the matter before the
City Council at this time.
Councilmember Jensen excused herself from the Executive Session and any discussion or
decision because she is an employee of U.S. West.
Councilmember Weycker asked if the Chester Park/A1 & Alma's item on the Agenda could be
addressed now. She stated that according to the POSC Commission Minutes the residents of the
area were to be notified of this meeting and they were not. She suggested tabling the item to
a future meeting when residents are notified of the meeting. The Mayor suggested that since
some of the residents are present, the Council could hear them and continue the item to a future
meeting so that all the residents can be notified. The people waiting for this item did not mind
waiting until it comes up on the Agenda this evening.
The Council went into Executive Session at 7:50 P.M.
The Council returned at 9:15 P.M.
The City Attorney stated that the Council has just concluded conducting an Executive Session
where the discussion he explained earlier was held. One additional feature that happened at the
Executive Session was in order for the City Council to feel more comfortable with some of the
technical data that they were discussing during the Executive Session, they asked that Mr.
Garrett Lysiak, the consultant retained by the City, be present for a period of time to answer
questions and provide information to the City Council during the Executive Session. Mr. Lysiak
did discuss his findings with the City Council. He indicated that he had reviewed the base data
supplied to him by the applicant. He then used that data in his own software programs and
based upon that analysis, plus his experience, plus his other discussions with U.S. West, it was
his conclusion that the information supplied by U. S. West to the City and the request made by
U. S. West to the City was generally accurate, generally credible and that there was in his
opinion reasonable and sufficient basis to support the conclusion of U.S. West that a location
on or within the immediate proximity of the location at the school which is being requested here,
at a height which is being requested here, was the only feasible way to provide adequate
464
MOUND CITY COUNCIL MINUTEs - SEPTEMBER 22, 1998
coverage without gaps within the coverage area that was relevant to this application. There was
also discussion with the City's legal staff and the City Council heard recommendations from the
legal staff and comments from the legal staff concerning thc prospects of litigation to follow
action by the City Council on this matter.
The Mayor stated that he would like to switch the next two items around and take Item 7 and
then Item 6. The Council agreed.
1.10 REQUF~T FOR VARIANCE. HEIGHT CONSTRAINT. WESTONKA SCHOOL
DISTRICT 277/I,J$ WE~T WIRELESS, $600 LYNWOOD BLVD., UNPLATTED 14 117
24, PID #14-11%24 41 0011.
The Planner explained the U.S. West is proposing to put a 50 foot antenna structure on top of
a proposed lighting standard at Hadorff Field. The lighting standards, as proposed, would be
about 70 feet ia height. There are 4 lighting standards. The 50 foot antenna would be placed
on the top of one of those standards for a total height of 120 feet. He stated the ordinance
allows up to 20 feet on top of a 70 foot lighting standard or a total of 90 feet. The variance
being requested is 30 feet.
The Mayor stated the following: "In matters relating to telecommunications towers, there was
a Telecommunications Act passed by the Federal Government in 1996. The Federal Government
has virtually left the cities with their zoning ordinances, very little latitude in enacting and
enforcing a zoning code when it pertains to telecommunications towers where it has been
demonstrated by the telecommunications company that this is the only site that will, in fact,
work within the service area. I would hope that other applicants, other businesses, other people
who would come before this City Council that would look upon this as the City Council giving
something to one business that they would not under the zoning code for others, will realize that
this Telecommunications Act is virtually dictating to the cities what they can do as far as zoning
goes in so far as the Telecommunications Act is concerned. Having said that, we will reopen
the request for a variance on the height constraint for the telecommunications on the School
District property by U.S. West Wireless."
MOTION made by Polston seconded by Weycker directing the City Attorney to
prepare a resolution granting the variance for the height constraint on this light pole
for the telecommunications tower, based upon the conversation with our consultant
and also with our staff, and in view of the Federal law that this request for a
variance be granted based upon the Federal law, that requires it and the
substantiating data that U.S. West has submitted to the City which is, according to
our technical expert, technically correct. The vote was unanimously in favor.
Motion carried.
The City Attorney submitted the following resolution:
RESOLUTION APPROVING THE REQUEST OF U.S. WEST FOR A HEIGHT
VARIANCE
WHEREAS, Minnesota Statutes Section 462.353 conveys authority to the City to plan
and Section 462.357 provides enabling legislation for the City to adopt a zoning ordinance and
zoning regulations; and
465
MOUND CITY COUNCIL MINUTES - SEPTEMBER 22, 1998
. WHEREAS, Section 350:530 of the Mound City Code and Minnesota Statutes Section
462.357, suM. 6(2) authorize and require the variance procedures in the City Code; and
WHEREAS, the Applicant in Case No. 98-45 is US West (the "Applicant); and
WHEREAS, Applicant desires to install a communications antenna on a lighting standard
proposed to be constructed on property located at 5600 Lynwood Boulevard ("the Property");
and
WHEREAS,'the Property is owned by Independent School District No. 277 (the
"Property Owner"); and
VqHEREAS, the antenna Applicant desires to install on the Property will extend 50 feet
above the maximum height from grade of the proposed lighting structure; and
WHEREAS, Section 350:1370, subdivision 2 of the Mound City Code does not permit
antennas on property owned by the Property Owner or other governmental entity if such
antennas will extend more than 20 feet above the maximum height from grade of the structures
on which they will be located; and
WHEREAS, the Applicant has requested a height variance to permit installation of its
antenna on the Property; and
WHEREAS, Section 350:530 of the Mound City Code provides the requirements for the
granting of variances, and
WHEREAS, on August 24, 1998 the Mound Planning Commission conducted a public
heating on the Applicant's request for a variance; and
WHEREAS, on August 25, 1998 the Mound City Council conducted a public heating
on the Applicant's request for a variance; and
WHEREAS, on September 8, 1998 the Mound City Council further continued the matter
in order to provide a telecommunications expert with an opportunity to review the applicant's
data and make his report to the city, and
WHEREAS, on September 22,1998 the city council reviewed the report of its expert and
received the recommendations of city staff, and
WHEREAS, the Federal Telecommunications Act of 1996 permits the exercise of local
zoning authority as long as such local authority does not unreasonably discriminate among
providers of functionally equivalent services or prohibit or have the effect of prohibiting the
provision of personal wireless services.
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Mound
that the application of US West for a variance to install an antenna extending 50 feet above the
supporting structure at the Property is hereby granted. Such approval is based upon the
hardships found by the Planing Commission and reflected in the official minutes of the August
24, 1998 Planning Commission Meeting.
466
MOUND CITY COUNCIL MINUTES - SEPTEMBER 22, 1998
Councilmember Hanus asked if this resolution allows or does not allow collocation on this
particular Site? The City Attorney stated this resolution is silent on that issue. Councilmember
Hanus then asked if we are considering this an antenna support structure? The City Attorney
stated that is correct. He then asked, "Would the current ordinance allow collocation even
though this resolution is silent on thc issue?" The.City Attorney stated, yes, subject to any
applicable procedures that would need to be complied with, such as a height variance or
something of that sort. Councilmember Hanus stated that one of his concerns is collocation, if,
in fact, collocation can be extended on this particular tower. His concern is that if another
company were interested in collocation, the tower could be loaded down. We want this to look
like a lighting standard not a tower. He felt we are already pushing that beyond the limit. He
asked if the Council was interested in restricting collocation on this particular site? The City
Attorney suggested that the City Council may want to look at some additional modifications to
the current ordinance. He stated it may be that the City may want to study that particular matter
when looking at those modifications.
Weycker moved and Hanus seconded the above resolutiOn:
RESOLUTION g98-106
RESOLUTION APPROVING THE REQUEST OF U.S.
WEST FOR A HEIGHT VARIANCE
The vote was unanimously in favor. Motion carried.
1.11
CONTINUED PUBLIC HEARING; CASE 98-46: CONDITIONAL USE PERMIT,
LIGHT STANDARDS & MONOPOLE AT 5600 LYNWOOD BLVD., WESTONKA
SCHOOL DISTRICT 277/US WEST WmELESS, UNPLATTED 14 117 24,
PID//14-117-24 41 0011.
The Mayor reopened the Public Hearing. There were no comments. The Mayor closed the
Public Hearing.
Weycker moved and Hanus seconded the following resolution:
RESOLUTION//98-107
RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT TO ALLOW THE REPLACEMENT OF 8
EXISTING LIGHT POLES AT HADORFF FIELD
WITH FOUR (4) 70 FOOT LIGHTING STANDARDS,
LOCATED WITHIN THE R-1 SINGLE FAMH.Y
RESIDENTIAL ZONING DISTRICT, AT 5600
LYNWOOD BOULEVARD, WESTONKA SCHOOL
DISTRICT//277, PART OF UNPLATTED 14-117-24,
, PID # 14-117-24 41 0011, P & Z CASE g98-46
Councilmember Ahrens asked why we need a Conditional Use Permit.9 The City
Attorney stated that at an earlier meeting it was thought a CUP was not needed, because
a CUP had already been issued for the property. Upon further examination of the
records, the existing CUP was for a different piece of land and did not include this
particular site. The City Planner commented that this is a school facility on residential
property and although the School District owns all the property, there are four different
467
MOUND CITY COUNCIL MINUTES- SEPTEMBER 22, 1998
PID (property Identification) numbers. Therefore each parcel has its own CUP and this
particular parcel had no CUP. The Planner explained that the Conditional Use Permit,
under the Zoning Ordinance, regulates public and institutional type facilities. This entire
site, although zoned residential and B-I, because of'the type of facility that it is, would
need tO have a CUP for its operation.
Councilmember Hanus suggested the following addition to the proposed resolution:
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Mound, Minnesota, hereby approves a Conditibnal Use Permit for four (4) 70 foot
lighting standards: provided that the lighting standards are constructed and
maintained in accordance with the Hghting code r~uirements, The maker of the
motion, Councilmember Weycker, accep~ the addition.
The vote was unanimously in favor. Motion carried.
1.12
CASE 98-38: VARIANCE. NONCONFORMING USE AT 2754 CARDIFF LANE,
.IACK COOK, 4452 DENBIGH ROAD, LOT 94, PHELP'$ ISLAND
PARK 1~ DIVISION, PID # 19-11%23-24 0029.
The City Planner reviewed his memo dated September 22. Mr. Cook today submitted a letter
stating that he has worked out an arrangement to move his garage from his property to the
property owned by his neighbor Mr. Meredith. Mr. Meredith has submitted a hardcover
calculation and a building permit application. The Planner stated it appears this garage will
work on Mr. Meredith's property. The Planner suggested that since we have prepared a
resolution of denial for Mr. Cook's request for a variance to allow the.garage to remain on his
property, we should go ahead and adopt that so there are no loose ends. Staff will then work
with Mr. Cook and Mr. Meredith, to get the garage moved to Mr. Meredith's property. The
Planner suggested giving Mr. Cook 30 days to do this before a citation would be issued. The
Council discussed the issue and felt 60 days was a more feasible time frame.
Polston moved and Jensen seconded the following resolution:
RESOLUTION g98-108
RESOLUTION TO DENY A VARIANCE FOR A
NONCONFORMING USE AT 2754 CARDIFF LANE,
JACK COOK, 4452 DENBIGH ROAD, LOT 94,
PHELP'S ISLAND PARK 1~r DIVISION, PID # 19-
117-23-24 0029, P & Z CASE g98-38, AND ALLOW
MR. COOK 60 DAYS TO BRING THE PROPERTY
INTO CONFORMANCE
The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT,
There were none.
468
MOUND CITY COUNCIL MINUTES - SEPTEMBER 22, 1998
1.13
RECOMMENDATION FROM PARK AND QPEN ~PACE (~QMMI~IQN RE:
REQUEST TO PURCHASE TAX FORFEITED LANDS, MICHELLE BERGLUND,
51~8 HANOVER RI).
The City Manager explained that earlier this summer Ms. Berglund contacted the City about
purchasing 2 lots that adjoin her property. The lots are tax forfeited land. A portion of those
lots are in a wetlands which are not available for sale. The City Engineer has looked at the
property and there is a portion of Lots 29 and 30 that could be sold and are not in the wetlands.
It amounts to approximately 5,000 square feet. The applicant is concerned about the 2 lots being
built upon. The City Staff assured her that cannot happen, but she is still interested in
purchasing the non-wetlands portion of the lots. It has been the policy to send these types of
requests for tax forfeit property to the Park Commission for their review and consideration.
This was done and the Park Commission recommendation was that the property continue to be
held by the City of Mound and that discussions occur with the Minnesota Land Trust to convey
a conservation easement. This would then give Ms. Berglund what she is requesting, that
nothing be built on the property. Ms. Berglund still wants to purchase the portions of the lots
that are not in the wetlands for her own reasons.
Ms. Berglund stated that the Land Trust is only interested in large parcels (10 acres or more)
and this would not qualify.
The Council discussed the options. Councilmember Hanus stated he would prefer to have the
City be in control of any small parcels of land that are tax forfeit rather than outside City control
such as land trusts.
The City Clerk explained that if the Council'chose to release the portions of these lots that are
not in the wetlands, Ms. Berglund would have to combine the parcel with her property which
would make it one tax parcel and then if she wanted to subdivide, it would come back to the
City for approval or denial.
The City Clerk further explained that the City is just the caretaker for this property. The City
does not sell the land. The City would have to reconvey the portion of the lots that is not in the
wetlands back to the State of Minnesota and Hennepin County and request that it be sold only
to an adjoining property owner. The City receives a portion of the sale price.
The Council discussed the costs of determining what portion would be reconveyed and any other
related costs. They decided it should be Ms. Berglund. Ms. Berglund stated she would pay all
related costs.
The Council discussed putting a conservation easement on the property so that it could not be
developed in the future. The City Attorney stated the City could put a covenant on the property
to preclude any development of the property. Ms. Berglund stated that would be acceptable to
her. The City Attorney will prepare the covenant.
Polston moved and Hanus seconded the following resolution:
RESOLUTION #98-109
RESOLUTION TO RECONVEY A PORTION OF
LOTS 29 AND 30, BLOCK 9, WHIPPLE, THAT IS
NOT IN THE WETLANDS
469
MOUND CITY COUNCIL MINUTES- SEPTEMBER 22, 1998
Ms. Berglund to pay all related costs for this.
The vote was unanimously in favor. Motion carried.
1.14 RECOMMENDATION FROM PARK AND OPEN SPACE COMMISSION RE:
CHESTER PARK/AL & ALMA'S, ,
The City Manager explained that the Park & Open Space Commission discussed Chester Park
at their September 10th Meeting and heard from some of the residents of the area regarding
conflicts they see at the Park and A1 & Alma's Restaurant and their cruise boats. At that
meeting, the POSC passed the following motions:
Motion by Pederson, seconded by Casey to recommend that the City Attorney
research the Certificate of Title and provide an interpretation for "commercial" as
contained in the Title and what restrictions, if any, are contained on the park. ff
it is discovered there are commercial restrictions the City, posthaste, will use all of
its energy and efforts including law suits and citations, to abate the issues of dogs
in the park, drinking of liquor in the park, and use of chemicals for boat washing.
Motion carried unanimously.
Motion by Weycker, seconded by Casey to direct City staff to find and docnment
existing conditional use permit(s), determine the current standing, discuss it with A!
& Alma's posthaste, and inform the Commission and neighbors of the CUP status.
Motion carried unanimously.
The City Manager explained to the Council that the Park Commission cannot direct staff, they
can only recommend that the Council direct staff.
Councilmember Weycker stated that the POSC is looking for a definition for "Commercial Use"
as used in the Certificate of Title. She also noted that at the POSC Meeting a notice was to be
sent to everyone within so many feet of Chester Park and' that was not done. The City Manager
stated that the minutes from that Park Commission Meeting were only received right before the
Council Packet was sent on Friday and the notification was missed.
The Mayor asked if there was anyone present who wished to address the Council on the Chester
Park issue. The following persons spoke:
Dennis Hildebrandt, 5229 Waterbury Road
Michelle Berglund, 5138 Hanover Road
Ron DeVinney, 3214 Tuxedo Blvd.
Councilmember Weycker stated that the POSC was asking to have the City Attorney research
the Certificate of Title on Chester Park and provide an interpretation for "Commercial" as
contained in the Title and what restrictions, if any, are contained on the Park. Weycker also
stated that the Park Commission is concerned about Chester Park and the persons who spoke at
that meeting were addressing issues about the Conditional Use Permit which should be addressed
by the Planning Commission.
470
MOUND CITY COUNCIL MINUTES - SEPTEMBER 22, 1998
The persons who spoke brought up the following:
Traffic, noise and exhaust from buses and trucks;
People from A1 & Alma's using Chester Park;
A1 & Alma's Conditional Use Permit;
Increase in charter boat business for A1 & Alma's;
Washing of boats with chemicals at the beach;
Alcohol purchased at A1 & Alma's being consumed in Chester Park
Asked to have this item brought to a future meeting and all residents of the area
be notified.
Bob Abdo, (Attorney representing A1 & Alma's) and Men'iR Geyen, addressed the Council on
A1 & Alma's behalf. Mr. Abdo stated as he understands it, the issue relates to use of the park
and the complaints relate to how A1 & Alma's impacts the park. He explained that in A1 &
Alma's Conditional Use Permits there are restrictions on it in its use of the park and A1 &
Alma's recognizes that. A1 & Alma's has the responsibility of keeping the park picked up and
keeping it in good shape, which it does. Al & Alma's approach is to work things out to satisfy
the neighbors. The object is to be a good neighbor. Ms. Geyen stated she would like to have
the neighbors who are having problems come and discuss this with her and try to work it out.
The Mayor stated that over the years that he has been involved in the City Council and having
worked with the other owners of A1 & Alma's as well as the Geyens, he has found the Geyens
and their Staff very accommodating to the people using the business and they have gone out of
their way to try and please the people within the neighborhood. He asked that the neighbors
work with the Geyens to come to' a reasonable solution to the problems.
The Council encouraged the neighbors to work with A1 & Alma's to work out their problems.
The neighbors were also advised that if they have a complaint about A1 & Alma's CUP, they
should let City Staff know and try to resolve it administratively.
The Council discussed the fact that the neighbors were not notified of this meeting.
Bob Abdo stated that A1 & Alma's has not used Chester Park and does not have a policy to use
Chester Park for its business. It skirts the park. The fact that others may use it or that there
are people that are from the public that use it is something else but it is not something that A1
& Alma's encourages. He also pointed out that this business has been there for 45 years. He
expressed a desire to work with the neighbors.
The Council decided that the questions on the Chester Park title and A1 & Alma's CUP are two
separate issues and should be dealt with separately. These will be two separate items on the
November 10th Council Agenda. The Mayor asked the City Attorney to review, per the POSC,
the Certificate of Title on Chester Park and bring the City Council up-to-date on what the title
says. He also asked that the City Staff look at A1 & Alma's Conditional Use Permit and
summarize for the City Council what the conditions are that are attached to the CUP. The CUP
will be referred to the Planning Commission to be heard at the October 26, 1998, Planning
Commission Meeting. The Council agreed and continued this discussion to the November 10,
1998. The neighbors within 350 feet will be notified of the Planning Commission Meeting and
the City Council Meeting where this will be discussed.
471
MOUND CITY COUNCIL MINUTES - SEPTEMBER 22, 1998
INFO~TION/MISCELLANF~US:
A. Financial Report for August 1998 as prepared by Gino Businaro, Finance Director.
Correspondence ~and information from the West Hennepin City/County-Working Group
re: pilot project on human services planning and coordination in the West Hennepin
REMINDER: WCCB meeting is scheduled for Thursday, September 24, 1998, 7:00
.p.m., Mound City Hall.
REMINDER: Building Committee on Westonka Community Center project meets on
Tuesday, September 22, 1998, 7 a.m. - 9 a.m., Westonka Community Center.
The WCCB is specifically invited to attend this meeting to see preliminary
schematic designs of the project that won't be reviewed at the WCCB meeting on
Sept. 24 due to other items on the agenda.
REMINDER: Bid opening on the Lost Lake Improvement Project is scheduled for
Thursday, October 1, 1998, 11 a.m., Mound City Hall. City Council will review
the bids at their meeting of October 13, 1998. Currently, there are 24 firms that
have picked up plans and specifications. About 8 or 9 are general contractors
where the remaining are subcontractors which have a specialty area.
1.15 TELECOMMUNICATIONS MORATORIUM
The Mayor stated that he has one more item. He stated that based upon the granting of a
variance for the monopole lighting structure and because we are going to be obligated to require
some type of ordinance change, he asked if there was any interest in declaring a moratorium and
instructing the City Attorney and the Planning Commission to revisit and come up .with an
ordinance that is workable.
The Council agreed because the way the telecommunications ordinance is written right now, the
City would have a very difficult time denying anyone a tower within the City.
MOTION by Hanus, seconded by Ahrens to declare a moratorium on the
telecommunications ordinance.
The City Attorney advised that the following resolution needs to be adopted.
RESOLUTION #98-110
RESOLUTION DECLARING A MORATORIUM ON
WIRELESS COMMUNICATION FACILITIES IN THE
CITY OF MOUND
WHEREAS, the City recently adopted regulations pertaining to the installation of
wireless communications facilities in the City of Mound; and
WHEREAS, its review of an application for the siting of such a facility has indicated
that further review and study of the recently adopted controls is necessary; and
472
MOUND CITY COUNCIL MINUTES - SEPTEMBER 22, 1998
WHEREAS, such review and study would include without limitation such items as tower
height, tower of antenna setback from property lines, collocation, fees to be charged for
consultants retained by the City and the maximum height of antenna support structures together
with other matters; and
WHEREAS, the City CounCil believes that pending such studies, consideration of
requests for the installation of wireless communications facilities in the City of Mound should
be held abeyance.
NOW, THEREFORE, BE IT RF~OLVED by the City Council of the City of Mound,
Minnesota as follows:
A moratorium on the installation of wireless communication antenna facilities is
hereby imposed which will last for the shorter of:
a. Three months; or
b. The date on which an interim ordinance is adopted by the City Council:
or
c. The date on which the regulations of the City relating to communications
facilities has been amended, whichever comes first.
During such moratorium, the City shall neither consider nor act on requests for
zoning approvals or other permits required for the installation of wireless
communications facilities.
This moratorium shall not apply to facilities which have been approved by
variances granted on or before the date of this resolution.
Hanus and Ahrens withdrew their motion and second.
MOTION made by Hanus, seconded by Ahrens to adopt the above resolution #98-
110 as presented by the City Attorney. The vote was unanimously in favor. Motion
carried.
INFORMATION & MISCELLANEOUS (CONTINUED)
ho
The City Manager advised that the HRA Meeting for the month of October will
be rescheduled for October 27, 1998, instead of October 13, 1998.
Letter from the LMC announcing there is an opening on the Board of Directors
and asking for candidates to apply.
Attest:
MOTION made by Jensen, seconded by Polston to adjourn at 11:20 P.M. The vote
was unanimously in favor. Motion carried.
Edward J. Shukle, Jr., City Manager
473
MOUND CITY COUNCIL MINUTES- SEPTEMBER 22, 1998
THIS PAGE LEI~F BLANK INTENTIONALLY,
PAYMENT BILLS
DATE: September 22, 1998
BILLS
BATCH #
8092
AMOUNT
$153,938.48
TOTAL BILLS $153,938.48
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