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1986-02-1821 February 18, 1986 0 MINUTES - MOUND CITY COUNCIL - REGULAR MEETING FEBRUARY 18, 1986 The City Council of Mound, Hennepin County, Minnesota, met in regular session on February 18, 1986, at 7:30 P. M., in the Council Chambers at 5341 Maywood Road in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also present were: City Manager Edward J. Shukle, Jr., City Attorney Curt Pearson, City Clerk Fran Clark, Building Inspector Jan Bertrand, City Engineer John Cameron and the following interested citizens: E1do Schmidt, Russ Falness, Greg Carlson, Cheryl Grand, Doe Meier, Harry Putt, Rick Ahmann, Earl Bailey, Mr. & Mrs. Brickley, Dr. Byron Peterson, John Bierbaum, Anthonie VanDer Steeg. The Mayor opened the meeting and welcomed the people in attendance. The Minutes from the January 28, 1986, Regular Meeting were presented for consideration. MOTION made by Paulsen, seconded by Peterson to approve the Minutes of the January '28, 1986, Regular Council Meeting as presented. The vote was unanimously in favor. Motion carried. RESCHEDULE APRIL COUNCIL MEETINGS MOTION made by Smith, seconded by Jessen to reschedule the regular Council Meetings for April to April 15 and 29, 1986. The vote was unanimously in favor. Motion carried. SET nATF FOR PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT FQ~t CHARLES JONES AT 4850 EDGEWATER DRIVE MOTION made by Jessen, seconded by Paulsen to approve March 17, 1986, .at 7:30 ~P.M. for a public hearing to consider a Conditional Use Permit for Charles Jones at 4850 Edgewater Drive. The vote was unanimously in favor. Motion carried. A resident of Arbor Lane was present and asked that notices of this hearing be sent to everyone who had signed a petition when Blue Lagoon was operating at the Edgewater address. The Council agreed to do this. 22 February 18, 1986 SET DATE FOR PUBLIC HEARING TO CONSIDER SUBDIVISION OF LAND FOR $ICHARD ANDERSON AT AREA LOCATED_SOUTH OF LYNWOOD BLVD. ON WEST- EDGE BLVD. NOTION made by Peterson, seconded by Faulsen to approve March 17, 1986, 7:30 P.M. for a public hearing to consider subdivision of land for Richard Anderson at area located south of Lynwood Blvd. on Westedge Blvd. The vote was unanimously in favor. Motion carried. The City Manager explained that this Committee has not been very active since Cable T.V. has been available in Mound and there were three vacancies on the Committee. The Public Aceess Coordinator, Sally Koenecke, would like to present a proposal for using some of the City~s franchise fee for public access, thus the need to reactivate the Committee. Three people have expressed interest in serving on the Committee. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #86-19 RESOLUTION TO APPROINT JACK BREAZILE, MERLYN (DOC) MEIER AND DENNIS SPENSLEY TO THE CABLE T.V. COMMITTEE The vote was unanimously in favor. Motion carried. FRFF FLOW OF INFORMATION - COUNCILMEMBER SMITH The City Clerk reported that she had obtained prices from The Laker and the Westonka Sailor for the printing of the January 14, 1986 Minutes as was requested at the last meeting. They are as follows: The Laker 7 pages, approximately $20 to $25 per typewritten page or about $150.00, tops. The Westonka Sailor $157.99 for the 7 page sample given. Councilmember Smith stated that he only wanted the newspapers to print the individual votes on issues such as: ordinances, conditional use permits, budget items (financial), and public hearings. He suggested using the agenda items as they appear and then the vote. Councilmember Peterson stated that at the time of the original proposal Councilmember Smith had stated all votes. He further stated that he feels the two newspapers include all important votes and does not think there is any problem with the free flow of information because the meetings are carried on Cable T.V., reported in the newspapers and every citizen has access to the Minutes from the meeting. 23 February 18, 1986 The rest of the Council agreed. Mayor Polston stated that he would not be adverse to asking that the newspapers try to give the votes on important issues, but he would not like to make it in the form of an order to the newspapers. Councilmember Smith stated that he wanted to get this service free from the papers, but that if space permitted to show the discussion on an item. MOTION by Smith to request the newspapers to print individual votes on all important issues as he had mentioned before. Motion died for lack of a second. Polston moved and Smith seconded the following resolution; RESOLUTION #86-20 RESOLUTION APPOINTING MAYOR BOB POLSTON AS WEED IASPECTOR AND JAMES FACELER AS ASSISTANT WEED INSPECTOR The vote was unanimously in favor. Motion carried. LMC AMICUS PROGRAM The City Manager explained that the League of Minnesota Cities sent us a survey asking if we would be in favor of expanding the CLEAR staffing capabilities so the League could participate in 10 to 25 legal cases per year. This expansion would be to try to shape this vital area of development of the laws which affect municipalities. The City Attorney stated that he feels the program would be a good service for cities especially with all the exposure cities have to be sued for various reasons. The City Manager pointed out that the cost w ould probably be less than $200. NOTION made by Paulsen, seconded by Peterson to indicate to .the League of Minnesota Cities that the City of Mound is interested in participating in the Municipal Amicus Program. Councilmember Smith asked that we not respond and then if we feel the need to join later we could do that. The City Attorney explained that the reason the League sent the survey is to get a committment from cities. The vote on the motion was 4 in favor with Smith voting nay. Motion carried. 24 February 18, 1986 Councilmember Smith stated that he feels that Mound's probability of using this service is small and that if the State. is looking to reducing LGA w e should start here by not responding yes. The Mayor stated that he would not tolerate attacks on the developer, Mr. Bierbaum, or interrogation of him and further that this was not a public hearing. If people have personal differences with the developer they should set up a private meeting with Mr. Bierbaum. Mr. Bierbaum presented a drawing of the project and stated that he is hoping that it will be ready for tenant occupancy by July 1, 1986. They are finalizing the first tw o leases, Mound Clinic and Snyder Drug. The bank will start construction around September 1, 1986, to be completed June 1, 1987. Councilmember Peterson asked what the criteria is for people to get into the space that is available? Mr. Bierbaum stated that the first goal was to get anchor tenants and that is just about accomplished. He stated they were not pushing the center area until that is done. He has had unsolicited inquiries from a book store, a clothing store, several restaurants and a laundry-dry cleaner. As far as criteria, ability to pay rent, where the tenant wants to be located. He further stated that it was a business judgement on his part as to how many of any one type of store that a center of this size can support and the financial risk is his. Councilmember Smith asked if Mr. Bierbaum was the one who makes the decision of who to rent to and who not to rent to? Mr. Bierbaum stated yes. Mr. Bierbaum further stated that he wrote to Mr. Carlson in December and informed him he would not be offered space in the new center. Councilmember Smith asked w ho has space in the center so far? Mr. Bierbaum stated the Mound Clinic, Snyder Drug and the bank. Councilmember Smith asked if space is being leased or sold? Mr. Bierbaum stated that no space except the bank space will be owned by the tenant. He stated he has 9 people who have expressed interest in being in the center and these were all unsolicited. He also stated that he will not be leasing to duplicate stores in the center. Councilmember Jessen asked who would decide which restaurant would go in the center? Mr. Bierbaum stated he would make that selection. 25 February 18, 1986 Councilmember Peterson stated that he is disappointed that the developer is leaving out businesses that were operating in Mound by not letting them lease in the new center. Councilmember Smith stated that he remembers a newspaper quote that was made in 1985 by Mr. Bierbaum that read, "There was space for everyone available". Mr. Bierbaum stated that business decisions have been made since then, as he stated before, and that there were no firm leases then as there are now. Mayor Polston stated that as long as he has been involved with this project it was his perception that there has never been any guarantee of room or specific space. The City has done all it can to protect the citizens including getting a guarantee from the Developer that he would pickup any shortfalls so that it would not have to be paid by the taxpayers. There is no way for the City to dictate. to the Developer who should or will get space in Town Square. Relocation benefits have been offered to all the businesses involved in the project and fair payment has been made for the property that has been acquired. We should be looking at the positive ramifications of this project. • Mr. Greg Carlson stated that the City Council authorized the condemnation and nobody can do anything about that. The City Attorney stated that the HRA, not the City Council, authorized the condemnation. Dr. Byron Peterson stated that maybe the property was purchased _ fairly, but nothing was paid for the business and he has been hanging for 1 1/2 years not knowing where he is going. What is the City's liability here? Dr. Peterson asked if the City could have asked the Developer for a document guaranteeing the condemned business space? Mayor Polston stated that the business was not condemned and Dr. Peterson has the same rights to relocate in another area as he has always had. He further stated that the City cannot dictate to the developer which business to lease to and which not. The City Attorney stated that Dr. Peterson that has 3 different attorneys contact him regarding the City's liability and the City has met all responsibilities of the law. Mr. & Mrs. Brickley stated that what has been done is not fair to the businesses which are here and operating. Mrs. Jeanette Gellman asked why the bank will be owning not leasing? Mr. Bierbaum stated that the bank regulators get concerned when a bank leases when it can afford to own. The Council thanked Mr. Bierbaum for coming to this meeting. 26 rebruary 18, 1986 STOCKPILING - ANTHONIE VANDERSTEEG Mr. VanDerSteeg stated that he has met with Jim Mahady of the Watershed District and knows what he must get together before obtaining his permit from them. He also stated he has contacted surveyor, Mark Gronberg, and will be getting his survey work done. The Building Inspector explained that she and the City Engineer have looked at the site where Mr. VanDerSteeg wants to stockpile fill. They feel there should be no problem if he adheres to Item ~2 in Resolution X84-150 which requires completion of the seeding and sodding by October 1 , 1 986, which means that the fill piles should be leveled and all requirements met by that date. Mr. VanDerSteeg stated he saw no reason why he could not start to get the illegal debris removed as soon as the snow and ice are gone and that this stockpiled fill would not be put in the fill area until that was done and all conditions of the original permit were met. The City Attorney suggested that he, the Building Inspector, City Engineer and Mr. VanDerSteeg draft a resolution to allow Mr. VanDerSteeg to stockpile fill and bring it back for Council approval later in the meeting. The Council agreed. The Mayor suggested taking other items on the Agenda until the resolution was completed. MOTION made by Smith, seconded by Paulsen to set May 27, 1986, at 7:00 P.M. for the Local Board of Review meeting. The vote was unanimously in favor. Motion carried. MOTION made by Paulsen, seconded by Peterson to reschedule the March Council Meetings to March 17 and 25, 1986. The vote was unanimously in favor. Motion carried., PAYMENT OF BILLS The bills were presented for consideration. MOTION made by Jessen, seconded by Peterson to approve the payment of bills as presented on the pre-list, in the amount of $508,303.99, when funds are available. A roll call vote was unanimously in favor. Motion carried. ~nMUtFNTS 1C SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from 27 February 18, 1986 the citizens present. There were none. STOCKPILING - ANTHONIE YANDERSTEEG The City Attorney read the resolution that was prepared for this item. Paulsen moved and Smith seconded the following resolution: RESOLUTION #86-21 RESOLUTION TO APPROVE A GRADING AND LAND RECLAMATION PERMIT AND ESTABLISHING RESTRICTIONS The vote was unanimously in favor. Motion carried. Peterson moved and Paulsen seconded the following resolution: RESOLUTION #86-22 RESOLUTION DETERMINING THE NEED TO CONSTRUCT A NEW PUBLIC WORKS FACILITY AND TO ISSUE GENERAL OBLIGATION BONDS TO PAY FOR THE SAME AND CALLING AN ELECTION The vote was unanimously in favor. Motion carried. RF_VTEGT OF INFORMATIONAL BROCH~JRE FOR NEW PUBLIC WORKS FACILITY The Council reviewed the informational brochure that had been prepared. Suggestions from the Council were as follows: 1. Having a statement printed on the brochure that this is was prepared and distributed as an informational brochure for the new public works facility. 2. Have additional handouts for the meetings on Mareh 4 and March 20 giving the effects on taxes for business and industrial areas, and also include the high cost of leasing space. The Council thanked the Public Works Building Study Committee for their time and effort on this project. The City Engineer explained that there are 2 m ore parcels w hich should have been included in the subdivision. MOTION made by Smith, seconded by Paulsen to defer action on this item until all parcels involved are included. The vote was unanimously in favor. Motion carried. 28 February 18, 1986 BARTLETT BLVD IMPROVEMENT PLAN The City Engineer presented the proposed plan that needs to be submitted to M.S.A. for approval before this project can be done. Polston moved and Jessen seconded the following resolution: RESOLUTION #86-23 RESOLUTION TO APPROVE THE PLAN FOR THE IMPROVEMENT OF BARTLETT BLVD. AND AUTHORIZE SUBMISSION TO STATE FOR APPROVAL The vote was unanimously in favor. Motion carried. A. Department Head Monthly Reports for January 1986. The Council complimented the Staff on the monthly reports and stated that they will be very useful. B. Letter to Governor Perpich and Other Members of the Executive Council RE: Public Access on Lake Minnetonka. C. LMC Printout of Projected Impact of Governor's Recommended Budget Cuts. Councilmem ber Paulsen suggested that after the Legislative Session is over and we know exactly how much the Legislature is cutting LGA that the City Manager and the Finance Director give the Council their views of the impact on Mound. Councilmember Smith suggested that we immediately start looking at how to cut 8% from each budget to cover the shortfall. The City Manager reminded the Council that there was money put in Budget, approved last Fall, to cover various items, one of which was a shortfall in LGA. The Council decided to wait until the end of the Legislative Session and look at how much is actually cut then. C. LMC Action Alert on Federal Tax Reform Restriction. D. Legislativd Commission on Minnesota Resources (LMCR) Request for Input. NOTION made by Jessen, seconded by Paulsen to adjourn .at 10:00 P. M. The vote was u ~imously in favor. Motion carried. i f~' (~,. ~; ~,~ ~ ~ Q.~:aX~ Edward J S kle, Jr. Fran Clark CMC, City Clerk 1 BILLS--------------------FEBRUARY 18, 1986 Batch 364014 Batch 864015 Check Register 2-5-86 Check Register 2-12-86 Total Bills i 1 $422,210.52 $ 86,093.47 $508,303.99