1991-09-10 159
September 10, 1991
MINUTES - MOUND CITY COUNCIL - SEPTEMBER 10, 1991
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, September 10, 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 Engineer John Cameron, City Planner
Mark Koegler, Police Chief Len Harrell and the following
interested citizens: Matt Phillippi, Kelsey Page, Annette & John
Flaherty, Bill & Dorothy Netka, Brady Flaherty, Bryan Bertlson,
Olivia Tapelt, Mark Hanus, Mary & Jonathan Hoaglund, Sue & Scott
Bryce, and Brad Sohns.
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 Smith to approve the
minutes of the August 27, 1991, Regular Meeting as
submitted. The vote was unanimously in favor. Motion
carried.
RECYCLOTTO WINNER
The Mayor presented Olivia Tapelt, 4870 Island View Drive with
$150.00 Westonka Dollars. She was the latest winner in the
Recyclotto.
1.1 CONTINUED PUBLIC HEARING: CASE NO. 91-040 JOHN FLAHERTY,
2313 COMMERCE BLVD. (NETKA BUILDING) THAT PART OF LOTS 54 &
55, LYNWOLD PARK, PID ~14-117-24 44 0042, CONDITIONAL USE
PERMIT - COMMERCIAL RECREATION
The City Planner presented the draft resolution that was
presented to the Planning Commission.
Hours of operation shall not exceed 3 P.M. to 12:00
A.M. (midnight) weekends and weekdays. The club
building may be used for other events such as birthday
and holiday parties during earlier hours subject to all
applicable conditions contained herein. The management
of the facility shall comply with all ordinances and/or
laws relating to curfew requirements for individuals
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September 10, 1991
under the age of 18 years.
Pool tables, video games and other entertainment
devices shall be licensed as required by the Mound Code
of Ordinances.
The structure and the facilities therein shall meet all
applicable building, fire and health codes.
The business shall comply with all provisions of the
Mound Sign Ordinance.
After hours loitering around the building or in the
adjacent parking lots shall be prohibited.
The business shall be responsible for picking up all
litter attributable to customers around the building
and in adjacent parking lots.
At least one uniformed, off-duty police officer, paid
by the club shall be on the premises from 7:00 P.M.
until closing on Friday and Saturday evenings. This
requirement may be expanded by the Mound City Council
upon staff recommendation based on actual experience
after the Club begins operation.
The applicant shall prepare a plan for the location and
installation of bicycle racks with such plan being
approved by the Mound Building Official prior to
installation and prior to the opening of the club.
The structure shall be fully insulated to mitigate
noise. Exterior doors shall remain closed.
10.
An adult supervisor (minimum 21 years old) shall be on
the premises at all times when the club is open.
11.
Prior to the opening of the club, the applicant shall
prepare a written operations manual to be followed by
all club employees. The manual shall address but not
be limited to an appropriate dress code and a
description of appropriate reactions to behavioral
problems that arise. Said manual shall be reviewed by
the Mound Police Department with a copy being retained
in the City's files.
12.
The total number of pool tables in the club shall be
limited to two (2) and the number of amusement devises
(video games) shall be limited to twelve (12).
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September 10, 1991
13.
The applicant shall work with the Mound Police
Department to ensure that adequate lighting exists in
and around the club building. Additional lighting as
required shall be the responsibility of the applicant.
14.
Club employees (minimum 21 years old) shall be
stationed at all entrances and exits to the club during
all hours of operation. Prior to the opening of the
club, the applicant shall submit a copy of a detailed
floor plan clearly identifying all entrances and exits
and corresponding security stations.
15. Smoking in the Teen Club shall be prohibited.
16.
Dancing at the club shall be by patrons only and shall
at no time involve dancers who receive compensation
either directly from the club or by tips.
17.
The applicant shall submit a detailed site plan
identifying outdoor storage areas for recycling
materials and trash dumpsters. These areas shall be
within enclosures meeting City screening requirements
and shall be constructed, prior to the opening of the
club.
The following changes were recommended by the Planning
Commission:
Hours of operation shall not exceed 3 P.M. to 12:00
A.M. (midnight) weekends and weekdays. The club
building may be used for other events such as birthday
and holiday parties 6~~-~~e~-q~s but not
between the hours of 12:01 A.M. to 9:00 A.M. subject to
all applicable conditions contained herein. The
management of the facility shall comply with all
ordinances and/or laws relating to curfew requirements
for individuals under the age of 18 years.
Pool tables, video games and other entertainment
devices shall be licensed as required by the Mound Code
of Ordinances. The total number of pool tables in the
club shall be limited to t=w<~-~ four (4) and the
number of amusement devices (video games) shall be
limited to ~we~ve-~ twenty (20).
3. Same as recommended.
4. Same as recommended.
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September 10, 1991
5. Same as recommended.
6. Same as recommended
At lease one uniformed, off-duty police officer, paid
by the club shall be on the premises from 7:00 P.M.
until closing on Friday and Saturday evenings· This
requirement may be expanded by the Mound City Council
upon staff recommendation~ ~~-a~&~-ex~e~e~ee
a~e~-~he-e~b-~e~s-o~e~a~
8. Same as recommended.
m~ime~.--~E~4me~i~~-~m~-~emm~m-e~ese~r Pollution
Control Agency Rule No. 7010 relating to noise must be
complied with.
10. Same as recommended.
11. Same as recommended.
12. Combine with Item #2.
13. Same as recommended
14.
(The Planning Commission recommends to the Council that
these doorways be controlled, but not necessarily by a
21 year old. A fire exit door with an alarm was
suggested.)
15. Same as recommended.
16.
(The Planning Commission recommends that this be
adopted as recommended but that the following be added
"except as approved by the City Council.")
17.
The applicant shall submit a detailed site plan
identifying outdoor storage areas for recycling
materials and trash dumpsters. These areas shall be
within enclosures meeting City screening requirements
and shall be constructed, prior to the opening of the
club. These plans are to be approved by the City
Building Official.
18.
A floor plan designating the areas to be used as
commercial recreational (teen club), including the
mezzanine area, if applicable, must be submitted and
approved by the City Council.
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September 10, 1991
The Mayor reopened the public hearing.
Peter Beck, Attorney for Bill & Dorothy Netka, stated that the
applicant agrees with all conditions except the curfew in #1 and
in item 14 he would like to see that age changed from 21 to 18.
John Flaherty explained that he is not comfortable with the
present curfew ordinance because if enforced he would be in
violation. He requested that the present curfew ordinance be
changed to midnight year round, weekdays and weekends.
The Council asked what the minimum age for admittance to the club
would be. Mr. Flaherty responded no one under 15 years of age.
The Police Chief stated that it is not the Police Department's
policy to pick up kids for curfew violations if they are, for
instance, in Hardee's after a game. They are concerned when
there are kids or groups loitering on the streets or in parking
lots after curfew.
Mr. Beck again asked that the Council consider amending the
curfew ordinance. The Council agreed to review the curfew
ordinance and obtain other Cities curfew ordinances in the area.
This will be reviewed at the C.O.W. meeting next week. The
Council stated that before amending the curfew ordinance, they
would like to hold a public hearing to gain citizen input. They
also recommended that the applicant gain input from the Parent
Advisory Council and Mike Looby at Westonka Community Services.
The Mayor closed the public hearing.
The Council discussed changing the age in item #14 from 21 to 18
and deleting the following sentence, "A fire exit door with an
alarm was suggested".
The Council suggested changing Item #18 to read as follows:
"The applicant to submit a detailed scale floor plan for the
teen club showing the location of the pool tables and video
machines on each level and the limits of the teen club
within the structure, identifying what is teen club and what
is restaurant. No more than 4 machines on the teen club
level. The balance of the pool tables and video machines to
be located on the mezzanine level. This detailed scale
floor plan will become a part of the approving resolution."
Smith moved and Ahrens seconded the following resolution:
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September 10, 1991
RESOLUTION #91-123 RESOLUTION AUTHORIZING A CONDITIONAL USE
PER~IT FOR THE ESTABLISHNENT OF A TEEN
CLUB (COI~ERCI&L RECREATION) AT 2313
COI~/~ERCE BLVD., PID #14-117-24 44 0042,
P & Z CASE #91-040, AS ]~ENDED
The vote was unanimously in favor. Motion carried.
1.2 CASE NO. 91-035= I~TTHEW PHILLIPPI, 4519 I~.NCHESTER ROAD,
LOT 22, BLOCK 14, AVALON, PID ~19-117-23 31 0059, VARIANCE
TO RECOGNIZE EXISTING CONDITIONS
The City Planner explained that he and the Building Official have
reviewed the original appraisal submitted by the applicant and
the City's appraisal and the proposed costs of the improvements
and it comes to 48.6% of the value of the structure. He stated
that the numbers are marginal.
Councilmember Jensen stated she is not convinced that $6,372.00
will bring the house up to code. She noted a number of items in
the Building Official's report that she could not find in the
estimates.
The City Attorney stated that the Council has two alternatives:
Approve the variance subject to the requirements of the
Building Official stipulating that the owner has to
obtain a Certificate of Occupancy before renting the
house out and that the owner will have to do what the
Building Code requires to obtain the Certificate of
Occupancy.
OR
2. Deny the variance and defend that stand in court.
The Council went into Executive Session at 9:15 P.M. to discuss
pending litigation on P & Z Case #91-035. They returned at 9:35
P.M.
Councilmembers Ahrens, Smith and Mayor Johnson agreed that they
would like to see the structure torn down; that the figures to
repair the home are borderline 50% of the value; but that they
were not willing to risk a lawsuit by denying the request.
Councilmember Jensen and Jessen stated they could not support
approval because they felt the estimates were incomplete; the
house has deteriorated enough to be torn down; and removing this
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September 10, 1991
home does not affect the reasonable use of the applicants
property because there is another home on the property.
MOTION made by Ahrens, seconded by Smith to direct staff to
prepare a resolution granting a variance to recognize
existing conditions, with a detailed list of all
improvements that need to be done to bring the dwelling up
to code. No Certificate of Occupancy will be issued until
all items are completed. The proposed resolution to be
brought back to the City Council at the September Z4th
Meeting. The vote was 3 in favor with Councilmembers Jensen
and Jessen voting nay. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
There were none.
1.3 STREET LIGHT REQUEST ON IDLEWOOD ROAD BETWEEN HAWTHORNE AND
OAKLAWN ROAD
The City Manager explained that a petition was submitted
requesting an additional street light. The Police have reviewed
the request and interviewed the neighbors and have agreed that
the area needs an additional street light.
Jessen moved and Ahrens seconded the following resolution:
RESOLUTION %91-124 RESOLUTION TO AUTHORIZE INSTALLATION OF
A STREET LIGHT ON IDLEWOOD RO~D BETWEEN
HAWTHORNE AND OAKLAWN
The vote was unanimously in favor. Motion carried.
1.4 DISCUSSION: POSSIBLE CHANGES TO DOG ORDINANCE
The City Manager submitted a letter from Scott Cook complaining
about the treatment his dog received while quarantined/impounded
at Reo Raj Kennel because of biting his girlfriend.
The Police Chief stated this is only the 2nd or 3rd complaint
about Reo Raj Kennel he has received in the 7 years he has been
here. He stated that Reo Raj is licensed by the State of
Minnesota and has been for 16 years. There are a number of other
municipalities who use Reo Raj for impounds/quarantines, i.e.
Wayzata, St. Boni-Minnetrista, Watertown, Crone. He further
stated that he made a surprise visit to Reo Raj today and found
nothing out of line. The kennels were clean and the dogs
appeared healthy and cared for. No action was taken.
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September 10, 1991
The City Council discussed impoundment fees and license fees.
The Police Chief submitted statistics from 1989, 1990 and the
first seven months of 1991 on dogs picked up and the fines paid.
The City Manager reported that the City Attorney is working on an
ordinance amendment dealing with owners who walk their dogs
cleaning up the feces.
Mark Hanus, 4446 Denbigh Road, asked that the Council put a lot
of teeth in any ordinance dealing with leashing of animals.
No action was taken on this item. It will be discussed further
at a Committee of the Whole Meeting in the future.
1.5 APPROVAL OF CHANGE ORDER ~3 ~ND APPROVAL OF PAYMENT REQUEST
NO. 3, GMH ASPHALT, TUXEDO BLVD. IMPROVEMENT PROJECT
The City Engineer recommended approval of Change Order %3 and
payment request #3 to GMH Asphalt, for the Tuxedo Blvd.
Improvement Project.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION %91-125 RESOLUTION TO APPROVE CHANGE ORDER %3,
IN THE AMOUNT OF $552.00 TO GMH ASPHALT
FOR THE TUXEDO BLVD. IMPROVEMENT PROJECT
The vote was unanimously in favor. Motion carried.
1.6 MOTION made by Jensen, seconded by Jessen to authorize
payment of payment request %3, GMH Asphalt, in the amount of
$84,841.81, for the Tuxedo Blvd. Improvement Project. The
vote was unanimously in favor. Motion carried.
ADD-ON,S
1.7 SOUTHWEST METRO DRUG TASK FORCE
The city Manager explained that the following resolutions are
necessary to receive funding.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION %91-126 RESOLUTION RELATING TO CITY
PARTICIPATION IN NARCOTICS CONTROL
PROGRAM
The vote was unanimously in favor. Motion carried.
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September 10, 1991
1.8 Ahrens moved and Jensen seconded the following resolution:
RESOLUTION #91-127
RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO ENTER INTO THE SOUTHWEST
METRO TASK FORCE JOINT POWERS AGREEMENT
The vote was unanimously in favor. Motion carried.
1.9 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 $266,328.81, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
10. INFORMATION/MISCELLANEOUS:
A. Department Head Monthly Reports for August 1991.
B. LMCD Representative's monthly report for August 1991.
C. Planning Commission Minutes of August 26, 1991.
De
Letter from Mayor of Tonka Bay re: LMCD Long Term
Management Plan. Also a letter from Spring Park.
Ee
Letter from Charlotte Erickson, Administrator Clerk, City of
Minnetrista, re: hours of Compost Site for fall, 1991.
Fe
Letter from City of Long Lake and attached working copy of a
Joint and Cooperative Agreement for the lobbying in relation
to Highway 12. Also a letter from the City Attorney of Long
Lake regarding the proposed improvements to Highway 12.
Ge
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, Coordinator.
He
REMINDER: Parks Tour, Thursday, September 12, 1991, 5:30
PM. Departure from the Mound Bay Park Depot. Sandwiches
and beverages will be provided following the tour at the
Depot. Please RSVP to Peggy by Friday, September 6th.
I. LMCD Mailings.
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September 10, 1991
MOTION made by &hrens, seconded by Jensen to adjourn at
L0:45 P.H. The vote was unanimously in favor. Hotion
carried.
~~_~kl~, j~r., C~ty Manager
Fran Clark, CMC, City Clerk
BILLS-
....... September 10, 1991
Batch 1083
$151,156.56
Batch 1084
TOTAL BILLS
115.172.25
266,328.81