1991-08-27 147
August 27, 1991
MINUTES - MOUND CITY COUNCIL - AUGUST 27, 1991
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, August 27, 1991, in the Council
Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea
Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present
were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark,
Attorney Curt Pearson, City Planner Mark Koegler, Building
Official Jon Sutherland, EDC Coordinator Bruce Chamberlain and
the following interested citizens: Lee Ann Sanna, Wm. & Dorothy
Netka, Peter Beck, John & Annette Flaherty, Mike Netka, Brady
Flaherty, Michael Mueller, Scott Bjorlin, Phil Davis, Oswin
Pflug, Wm. & Shirley Aydt, Kert Pflug, and Ron Motyka.
The Mayor opened the meeting and welcomed the people in
attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION made by Jensen, seconded by Ahrens to approve the
minutes of the August 13, 1991, Regular Meeting and the
August Z0, 1991, Committee of the Whole Meeting, as
presented. The vote was unanimously in favor. Motion
carried.
1.1 PUBLIC HEARING: DELINQUENT UTILITY BILLS
City Manager Ed Shukle explained that the revised amount was
$3,151.70. Mayor Johnson opened the Public Hearing regarding
delinquent utility bills. There was no one present in the
audience who wished to speak on this issue. The Mayor closed the
Public Hearing and turned the item back to the Council.
Jessen moved and Jensen seconded the following resolution:
RESOLUTION 91-11Z
RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $3v151.70
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
148
148
August 27, 1991
1.2
CASE ~87-663:
BRIAN JOHNSON, 4945 GLEN ELYN ROAD, LOTS 17 &
18, BLOCK 24t 8HADYWOOD POINTt PID ~13-117-24
11 0139~ VARIANCE EXTENSION OF RESOLUTION 87-
179
The Building Official informed the Council that this item is
being withdrawn from the agenda because the applicant has revised
his request and the case needs to go back to the Planning
Commission for their review.
1.3
CASE #91-035:
MATTHEW PHILLIPPI~ 4519 MANCHESTER RD.~ LOT
22~ BLOCK 14t AVALON~ PID ~19-117-23 31 0059,
VARIANCE TO RECOGNIZE EXISTING CONDITIONS
The Building Official explained that this item has been withdrawn
from this evening's agenda and rescheduled for the September 10,
1991, Meeting.
1.4
CASE ~91-036:
JAMES & MARY ALBRECHT~ 4701 ABERDEEN ROAD,
LOTS i & 20~ BLOCK 5, DEVON~ PID ~30-117-23
22 0087, VARIANCE TO RECOGNIZE EXISTING
NONCONFORMING PRINCIPAL STRUCTURE
The Building Official explained the request. The Planning
Commission recommended approval of the variance recognizing the
existing nonconforming setbacks to allow construction of a
conforming detached garage.
Ahrens moved and Smith seconded the following resolution:
RESOLUTION #91-113
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
PRINCIPAL STRUCTURE TO ALLOW
CONSTRUCTION OF A CONFORMING DETACHED
GARAGE FOR LOTS i AND 20· BLOCK 5,
DEVON, PID #30-117-23 22 0087, (4701
ABERDEEN ROAD), P & Z CASE #91-036
The vote was unanimously in favor. Motion carried.
1.5
PUBLIC HEARING: CASE #91-040: JOHN FLAHERTY, 2313 COMMERCE
BLVD. (NETKA BUILDING) t THAT PART OF LOTS 54 & 55, LYNWOLD
PARK, PID ~14-117-24 44 0042, CONDITIONAL USE PERMIT -
COMMERCIAL RECREATION
The City Planner explained that there are 2 primary uses
involved, a restaurant and a "teen club". At the Planning
Commission meeting it was learned that the applicant wished to
open the "teen club" about six months before opening the
2
149
August 21, 1991
restaurant. Originally the restaurant was thought to be the
primary use. The Planning Commission recommended approval of the
Conditional Use Permit as recommended by the staff. This staff
recommendation cannot be used totally because it was based on the
restaurant being the primary use. The Planning Commission asked
that the Planner, City Attorney and applicant work something out
to see if both businesses could be opened simultaneously or there
be some guarantee that the restaurant would open in six months as
part of the permit. The City Attorney and the Planner stated
there is no practical way to guarantee that the restaurant will
open in the permit process.
Bruce Chamberlain, representing the Economic Development
Commission, reviewed its recommendation which was as follows:
The teen center portion of the use shall not begin
operation until the opening date of the restaurant.
This, the EDC believes, would help ensure that any
negative aspects of a stand-alone teen center are
eliminated.
The applicant shall submit detailed plans of the
operation prepared by a registered architect. The EDC
would like to reinforce this requirement stated by the
Building Official because professionally prepared plans
are an essential first step in future business success.
Pertaining to all building improvements necessary for
operation, the applicant shall furnish a signed
contract and proof or bonding from a licensed and
bonded building contractor. This procedure ensures the
integrity of building investments and the financial
safety of all parties involved.
The applicant shall provide a letter of credit equal to
the amount of necessary building improvements from a
reputable banking institution. This ensures adequate
start up capital which is vital for new business
success·
The EDC based their recommendations on the following factors:
The impact of the proposed use on the long-term
economic development of downtown Mound.
The economic impact of the proposed use on adjacent
businesses/buildings.
3
150
August 27, 1991
The economic impact of adjacent businesses/buildings on
the proposed use.
The EDc also felt that if properly managed, the family
restaurant/teen center would be beneficial to the economic
vitality of downtown Mound.
The Mayor opened the public hearing.
Peter Beck, representing Bill & Dorothy Netka and the
applicant John Flaherty presented the proposal. It would be
a 50's\60's theme restaurant in the front portion of the
building; a coat check area in the center; teen center in
the rear of the building; 8 - 10 security locations;
Flaherty or his wife would be on site at all open times. He
reported that the seven conditions in the staff report were
agreeable, but the 4 in the EDC recommendation were not
viable. He stated that for practical reasons the restaurant
and the teen center could not open simultaneously. Mr.
Flaherty would be the contractor and would like to start at
the rear of the building with the teen club first and then
move forward in the building when fixtures for the
restaurant are available at auction.
Mike Mueller, 5910 Ridgewood Road, spoke in favor the teen
center as a good viable operation for the youth of the City
of Mound. He also encouraged the Council to let the
applicant start with just the teen center and give him a
chance to complete the restaurant in due time.
Mr. Beck stated that one condition which the applicant could
probably live with is that the restaurant be open within 4
months.
The Mayor closed the public hearing.
There was discussion about putting conditions on the licenses
issued. The City Attorney advised against this because it would
not be effective.
The Council discussed considering the restaurant and teen center
as two separate items. Discussion centered on the proper
management of a teen club being the key to its success. Mound's
curfew was discussed.
Bruce Chamberlain (EDC) stated that the commission based their
recommendations on this being a combined project not separate.
151
August 27, 1991
Mr. Beck questioned whether a registered architect needed to
prepare the plans. The Building Official stated that the
Building Code requires it.
The City Attorney suggested that the staff review the teen center
as a separate proposal and work with the applicant to see what
reasonable conditions can be worked out for the Conditional Use
Permit. This would also allow staff time to check with other
cities on curfews. This could be brought back to the Council in
two weeks. This hearing could be continued until the September
10th meeting.
MOTION made by Ahrens, seconded by Smith to continue this
public hearing until September 10, 1991, when a draft of the
Conditional Use Permit can be presented to the Council,
following the suggestions of the City Attorney. The vote
was unanimously in favor. Motion carried.
Planning Commissioner, Mike Mueller, asked that the Planning
Commission also review this on September 9, 1991. The Council
agreed.
1.6 CASE ~91-037:
KURT PFLUG, 5900 RIDGEWOOD ROAD, LOT 1, BLOCK
5, THE HIGHLANDS, PID ~23-117-24 42 0033,
VARIANCE TO RECOGNIZE EXISTING NONCONFORMING
PRINCIPAL STRUCTURE & APPROVING A FRONT YARD
SETBACK VARIANCE
The Building Official reviewed the request. The Planning
Commission recommended approval. The Council asked the item 2 in
the resolution be reworded, deleting "authorizes the violation".
The Staff agreed.
Ahrens moved and Smith seconded the following resolution:
RESOLUTION %91-114 RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
PRINCIPAL STRUCTURE AND APPROVING A
SETBACK VARIANCE FOR A DETACHED GARAGE
FOR THAT PART OF LOT 1, BLOCK Z, THE
HIGHLANDS, PID %23-117-24 42 0033, (5900
RIDGEWOOD ROAD), P & Z CASE %91-037
The vote was unanimously in favor. Motion carried.
1.7 CASE #91-038:
PHILIP DAVIS, 1701 GULL LANE~ LOTS 1, 2, &
PART OF 3, BLOCK 14, DREAMWOOD, PID ~13-117-
24 13 0041, VARIANCE TO RECOGNIZE EXISTING
NONCONFORMING SETBACKS
5
152
152
August 27, 1991
The Building Official reviewed the request.
Commission recommended approval.
The Planning
Smith moved and Ahrens seconded the following resolution:
RESOLUTION %91-115 RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING EXISTING NONCONFORMING
SETBACKS TO ALLOW MAJOR STRUCTURAL
REPAIRS FOR LOTS 1, 2, & P/3, BLOCK 14,
DRE~"~iWOOD, PID %13-117-24 13 0041, (1701
GULL LKNE), P & S CASE %91-038
The vote was unanimously in favor. Motion carried.
1.8
CASE ~91-039:
WILLIAM & SHIRLEY AYDT FOR SAILBOAT ANTIQUES
& COLLECTIBLESt 4851 SHORELINE DRIVEr LOTS 6-
11, BLOCK 1, SHIRLEY HILLS UNIT A, PID #13-
117-24 44 0016, SIGN VARI/~qCE
The Building Official explained that the size of the proposed
wall sign exceeds the maximum allowed square footage of signage
allowed by 6 square feet. The Planning Commission recommended
approval.
Ahrens moved and Jessen seconded the following resolution:
RESOLUTION %91-116
RESOLUTION TO APPROVE A SIGN VARIANCE
FOR LOTS 6, 7, 8, 9, 10 & 11, BLOCK 1,
SHIRLEY HILLS UNIT A, PID %13-117-24 44
0016, (4851 SHORELINE DRIVE), P & Z CASE
%91-o39
The vote was unanimously in favor. Motion carried.
The applicant then explained that her husband would be opening
the Westonka Collision next door (in the same building) and would
also like to revise that sign. The Council stated that this
would also require a variance and that it should be heard by the
Planning Commission on September 9 and come back to the Council
on September 10.
1.9. CASE %91-041:
RON MOTYK~, 1545 BLUEBIRD LANE, LOT 3, BLOCK
6, WOODLAND POINT, PID %12-117-24 43 0036,
VARIANCE REAR YARD SETBACK & RECOGNIZE
INADEQUATE STREET FRONTAGE
The Building Official reviewed the request. He stated that the
Planning Commission recommended approval 6 to 3 with 2
conditions:
6
153
August 27, 1991
The applicant confirm, by a registered land surveyor,
that the proposed addition will be 50 feet from the
ordinary high water; and
The new stairway will be conforming.
The applicant was in attendance and presented a new survey with
the proper setbacks noted.
The Council noted that the applicant needs a .2' side yard
setback variance on the west side of the existing house. This
needs to be added to the proposed resolution.
Smith moved and Jensen seconded the following resolution:
RESOLUTION %91-117
RESOLUTION TO APPROVE A REAR YARD
SETBACK VARIANCE AND TO RECOONIZE
INADEQUATE STREET FRONTAGE AND /% SIDE
YARD SETBACK VARIANCE TO ALLOW
CONSTRUCTION OF AN ADDITION FOR LOT 3,
BLOCK 6, WOODLAND POINT, PID %12-117-24
43 0036, (1545 BLUEBIRD LANE), P & Z
CASE %91-041
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
Lee Ann Sanna, 4416 Denbigh Road, asked about how a person goes
about getting appointed to the L.M.C.D. She had seen in the
newspaper that the representative's term was expiring. The
council explained that the current representative has asked to be
reappointed. If that had not been the case, the position would
have been advertised in the newspaper and interviews would have
been held.
1.10 REOUEST FROM MTC TO USE CERTAIN STREETS FOR A PROPOSED ROUTE
EXTENSION
The City Manager explained that the streets the MTC originally
wanted to use for the bus line extension to the southwestern area
of Mound could not be used by the buses because of weight.
Instead an alternate route has been suggested. The alternate
route would use Bartlett Blvd. to Garden Lane to Evergreen Road
to Westedge Blvd. with a temporary layover near Pine Road on
Westedge Blvd.
Jessen moved and Jensen seconded the following resolution:
7
154
154
August 27, 1991
RESOLUTION #91-118 RESOLUTION TO APPROVE THE USE OF CERTAIN
STREETS BY THE METROPOLITAN TRANSIT
COI~ISSION
The vote was unanimously in favor. Motion carried.
1.11 REAPPOINTMENT OF TOM REESE TO L.M.C.D. BOARD OF DIRECTORS
FOR A THREE YEAR TERM
The City Manager reported that he has spoken to Tom Reese and he
wishes to be reappointed to the L.M.C.D. for another three year
term. The Council complimented Mr. Reese on representing the
community.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION #91-119 RESOLUTION TO REAPPOINT TOM REESE AS
MOUND'S REPRESENTATIVE ON THE L.M.C.D.
BOARD OF DIRECTORS FOR A 3 YEAR TERM -
TERM EXPIRES OCTOBER 23, 1994
The vote was unanimously in favor. Motion carried.
1.12 RESOLUTION APPROVING THE PROPOSED TAX LEVY FOR 1992 AT
$1t695t313 AND SETTING PUBLIC HEARINGS
The city Manager explained that this is the first step as
required by the new Truth in Taxation Laws. The levy will be
sent to Hennepin County and they will send out notices on when
and where the budget hearings for the County, School District and
City will be held. Also in that notice will be a comparison
between the 1991 and 1992 proposed taxes at each level of
government.
He further explained that the 1992 levy is approximately $50,000
more than 1991 or a 3% increase. However, the City was cut
$80,000 in local government aid in 1991. Thus, the increase does
not make up the total cut of LGA.
Jensen moved and Johnson seconded the following resolution:
RESOLUTION #91-120 RESOLUTION APPROVING THE PROPOSED TAX
LEVY FOR 1992 AT $1,695,313 AND SETTING
PUBLIC HEARINGS
The vote was unanimously in favor. Motion carried.
Mayor Johnson stated he is on the League of Minnesota Cities
Revenue Sources Committee and asked that the Council give him
their comments on the removal of levy limits.
8
155
August 27, 1991
1.13 RESOLUTION APPROVING A LEVY NOT TO EXCEED $24,000.00 FOR THE
PURPOSE OF DEFRAYING THE COST'OF OPERATION; PURSUANT TO THE
PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF MOUND FOR THE YEAR 1992
The City Manager explained that the HRA has requested this levy
to defray operating costs at 2020 Commerce Blvd. (Indian Knoll
Manor).
Jessen moved and Smith seconded the following resolution:
RESOLUTION %91-121
RESOLUTION APPROVING A LEVY NOT TO
EXCEED $24v000.00 FOR THE PURPOSE OF
DEFRAYING THE COST OF OPERATION;
PURSUANT TO THE PROVISIONS OF MSA 469,
OF THE HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF MOUND FOR THE
YEAR 1992
The vote was unanimously in favor. Motion carried.
1.14 RESOLUTION TO CONCUR WITH THE ECONOMIC DEVELOPMENT
COMMISSION TO ADOPT A ~ARKET POSITION/THEME FOR DOWNTOWN
MOUND TO GUIDE ACTIVITIES FOR THE NEXT DECADE
The City Manager reported that the EDC has revised its resolution
to include industrial areas specifically.
Johnson moved and Smith seconded the following resolution:
RESOLUTION %91-122
RESOLUTION TO CONCUR WITH THE ECONOMIC
DEVELOPMENT COMMISSION TO ADOPT A MARKET
POSITION/THEME FOR DOWNTOWN MOUND TO
GUIDE ACTIVITIES FOR THE NEXT DECADE
The vote was unanimously in favor. Motion carried.
1.15 PORTABLE SIGN APPLICATION - POND ARENA, 2121 COMMERCE BLVD.
The City Manager explained Mound Westonka Hockey Association has
applied for a permit to use a portable sign at the Pond Arena to
advertise hockey registration for two weeks (9-1 to 9-16-91).
MOTION made by Johnson seconded by Ahrens to approve a
request for the portable sign by the Mound Westonka Hockey
Association for 2 weeks, 9-1-91 to 9-16-91, at the Pond
Arena. The vote was unanimously in favor. Motion carried.
9
156
156
August 27, 1991
1.16 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 $204,576.51, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
ADD-ON ITEMS
1.17 SET PUBLIC HEARING DATE FOR CONDITIONAL USE PERMIT
MOTION made by Jess.n, seconded by Jensen to set September
24, 1991, for a public hearing to consider the issuance of a
Conditional Use Permit to allow a wholesale and assembly
operation consisting of a custom furniture workshop in the
B-1 Central Business District at 5200 Maywood Road, Lots 16
& 17, Block 2, Shirley Hills Unit F, PID %13-117-24 43 0145.
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELL~/TEOUS
Ae
Financial Report for the month of July 1991, as prepared by
John Norman, Finance Director.
B. Planning Commission Minutes of August 22, 1991.
Ce
Park & Open Space Commission Minutes of August 8, 1991. The
Council discussed the Park Commission's recommendation to
abandon the Five year Program for the dock program and not
implement the final year increase in the dock fees for 1992.
Councilmember Jessen stated that she feels that this is not
the fiscally responsible thing to do.
De
REMINDER: Household Hazardous Waste Project, Friday,
September 13, 1991 and Saturday, September 14, 1991 at the
Hennepin County Public Works Garage on Shoreline Drive in
Spring Park. Contact Joyce Nelson for details.
E. Letter from Hennepin County regarding absentee balloting.
Memo from Len Harrell, Police Chief, regarding the teamwork
that has been exhibited this summer by the Police
Department.
The City of Mound will no longer be open on Tuesday evenings
from 4:30 to 7:30 P.M. due to budget constraints. This
change becomes effective September 3, 1991.
10
157
AUgUst 27, 1991
REMINDER: City offices closed Monday, September 2, 1991, in
observance of Labor Day.
REMINDER: Parks Tour, Thursday, September 12, 1991, 5:30
P.M. Departure from the Mound Bay Park Depot. Sandwiches
and beverages will be provided following the tour at the
Depot. Please R.S.V.P. to Peggy by Friday, September 6.
The City Manager reported that the City Mechanic, Greg Bergquist,
has resigned. The plan at this point will be to prepare a
request for proposals and bid out the service work on vehicles.
The Council asked that this item be monitored and a report
brought back at a later date on how the situation is working.
Councilmember Jensen presented the City Attorney with sample
ordinances that she has obtained that would require people who
walk their dogs to clean up after them. The Council asked that
the Attorney prepare an ordinance amendment for them to consider.
MOTION made by Jensen, seconded by Smith to adjourn at 9:50
P.M. The vote was unanimously in favor. Motion carried.
~V~ard J. ~fuk-le, Jr., City Manager
Fran Clark, CMC, city Clerk
11
BILLS
AUGUST 27, 1.991
BATCH lO81 76,028.80
BATCH 1082 128,547,71
TOTAL BILLS
204,576.51