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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VARIANCE EXTENSION OF RESOLUTION 87- 179 The Building Official informed the Council that this item is being withdrawn from the agenda because the applicant has revised his request and the case needs to go back to the Planning Commission for their review. 1.3 CASE #91-035: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~19-117-23 31 0059, VARIANCE TO RECOGNIZE EXISTING CONDITIONS The Building Official explained that this item has been withdrawn from this evening's agenda and rescheduled for the September 10, 1991, Meeting. 1.4 CASE ~91-036: JAMES & MARY ALBRECHT~ 4701 ABERDEEN ROAD, LOTS i & 20~ BLOCK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