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1997-04-08i Il I i i I1, J , I ,I ~ i MINUTES- MOUND CITY COUNCIL - APRLL 8, 1997 MINUTES - MOUND CITY COUNCIL - APRIL 8, 1997 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 8, 1997, 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 Engineer John Cameron, City Planner Mark Koegler, and City Clerk Fran Clark;and the following interested citizens: Herman Quass, Joe Zylman, Valerie Hessburg, Carl Hanson, Mark Jorland, Denise Larson, Pam Myers, Greg Eurich, Keith Putt, Bernice Putt, Bert Haglund, Mark Thiede and Bil Hawks. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent Agenda: 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. OPEN MEETING - PLEDGE OF ALLEGIANCE. APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. Councilmember Hanus asked that the Minutes of 3/25/97, be removed from the Consent Agenda for a minor correction. He asked that the Motion approving the Consent Agenda be amended to read as follows: "MOTION made by Hanus, seconded by Weycker to approve the Ag ,...~ ,s.~ u,_..',., s ......a,. Consent enda .......... ~, ...... ~, ..... as amended above." 1.0 *CONSENT AGENDA: MOTION by Ahrens, seconded by Weycker to approve the Consent Agenda as amended above. A roll call vote was unanimously in favor. Motion carried. *1.1 APPROVE THE MINUTES OF THE MARCH 25, 1997, REGULAR MEETING. MOTION Ahrens & Weycker, unanimously. 185 MINUTES- MOUND CITY COUNCIL - APRIL 8, 1997 '1.2 RESOLUTION OF APPROVAL CASE g97-05: PHILLIP A. KLEIN, 5010 WOODLAND ROAD, LOTS 13 & 14, BLOCK 20, SHADYWOOD POINT, PID //13-117-24 11 0146. REQUEST: VARIANCE FOR ADDITION. RESOLUTION//97-34 RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF AN ADDITION AT 5010 WOODLAND ROAD, LOTS 13 & 14, BLOCK 20, SHADYWOOD POINT, PID//13-117-24 11 0146, P & Z CASE//9%05 Ahrens & Weycker, unanimously. · 1.3 RESOLUTION OF APPROVAL CASE //97-13: BRADLEY H. WHITE, 5090 WINDSOR ROAD, LOT 4, BLOCK 1, TEAL POINTE, PID//25-117-24 12 0234. REQUEST: VARIANCE FOR SIDEYARD SETBACK. RESOLUTION//97-35 RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A NEW DWELLING AT 5090 WINDSOR ROAD, LOT 4, BLOCK 1, TEAL POINTE, PID//25-117-24 12 0234, P & Z CASE//97-13 Ahrens & Weycker, unanimously. *1.4 SET PUBLIC HEARING TO CONSIDER THE APPROVAL OF A PRELIMINARY PLAT, A PLANNED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, AND RELATED VARIANCES FOR THE "SETON BLUFF" RESIDENTIAL DEVELOPMENT. DATE: MAY 13, 1997). MOTION Ahrens & Weycker, unanimously. 186 I Ii I i I I1, 1,, I ,I , MINUTES - MOUND CITY COUNCIL - APRIL 8, 1997 · 1.5 LICENSE RENEWALS: The following licenses were presented for approval: GAMES OF SKILL (1) A1 & Alma's Supper Club (2) American Legion Post//398 (2) VFW Post #5113 POOL TABLES (2) VFW Post #5113 (1) Mound Lanes BOWLING (8) Mound Lanes AMUSEMENT DEVICE (JUKE BOX) American Legion Post #398 VFW Post #5113 RESTAURANT A1 & Alma's American Legion Post #398 Domino's Pizza #1974 Happy Garden Hardee's House of Moy Mound Lanes Scotty B's MOTION Ahrens & Weycker, unanimously. Subway Sandwiches VFW Post #5113 *1.6 PAYMENT OF BILLS. MOTION Ahrens & Weycker, unanimously. 187 MINUTES- MOUND CITY COUNCIL- APR1L 8, 1997 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.7 CONTINUED PUBLIC HEARING: CASE//97-08, CONDITIONAL USE PERMIT, FOR WESTONKA PUBLIC SCHOOLS (SHIRLEY HILLS PRIMARY SCHOOL) PUBLIC SCHOOL & ADMINISTRATIVE OFFICES AND LICENSED DAY CARE & PRESCHOOL, 2450 WILSHIRE BLVD., PID//24-117-14 12 0059. The City Planner explained that this item is before the Council again after previously being tabled. The site plan has changed a little but the use has not. The School District is seeking approval of a Conditional Use Permit to construct an addtion to Shirley Hills Elementary School to house School District Administrative Offices. The Council did approve the zoning amendment to allow this. The plans call for about a 30,000 square foot addition to the existing 67,000 square foot building. It will house a variety of educational services and pre-school that are now contained within the Community Center on Lynwood Blvd. There is a new playground proposed. The proposed addition will house about 30 staff members for the school district administrative offices and the programs offered within the facility will serve approximately 75 children. The Zoning Code does allow licensed daycare and preschools serving 13 or more children in this district, subject to Conditional Use Permit approval. The addition lies north of the building. The Planning Commission and the Staff recommend approval as per the proposed resolution included in the packet. The Mayor asked if there were any questions from the City Council. There were none. DR. PAM MYERS, Supt of Schools, intoduced Mr. Bert Haglund, architect for the school district. BERT HAGLUND, explained the history of how the School District got to where they are. He presented the 4 various scenarios/options that were considered. The Mayor then reopened the Public Hearing. BIL HAWKS, 3465 County Rd. 44 - spoke against the proposed CUP for the following reasons: 1. There is something really big missing in this whole picture. 2. Where is the money coming from for this addition? How are you going to get the money? 3. The School District already got $1.9 million in 1993. 4. He is against the City of Mound doing anything out of their way to help promote something that was already promised when the taxpayers voted the $1.9 million in 1993 for the community center, for the senior citizens center. 5. He is against doing anything until the school district solves the problem with the Lynwood site. 188 MINUTES- MOUND CITY COUNCIL - APRIL 8, 1997 10. 11. He doesn't believe that the School Board owns the Lynwood site, rather the community owns it because the taxpayers have paid for it over and over, time and time again, including some seniors. They are rushing to judgment to sell the Lynwood site. There's a way to go slow on this and let them solve their other problem, which is going to start on the 15th with the joint meeting of the School Board, and the Cities of Mound, Minnetrista and Spring Park. The solution to this problem is to start out with the $1.9 million and the $14.7 million they have. He asked to see where this is line by line. He wants to see if they are 100% completed. He does not want to see this approved and then the School District runs out of money and comes asking for more money or tries some back door thing like they have tried in Minnetrista. This is not a well thought out proposal. DR. PAM MYERS, asked if the Council would like some information on the dollars? The Council said yes. Dr. Myers stated the following: The School District does have the $1.9 million set aside from the bond issue in November 1993. It was set aside specifically for the school programs, school offices, and the functions of the school district that are in the community center. They are planning to provide those spaces with the $1.9 million. In addition, the Lynwood property was up for sale. They had it appraised, and a buyer has come forth to buy the property who offered the appraised rate (a little over $651,000.00). They would take additional dollars out of the bond which is available to them as they are working through the final pay down or buy down of the bond dollars from the $14.7 million from 1993. Therefore, they are able to finance exactly the addition that was presented to the Council tonight. The 30,000 square feet constitutes a reduction to 1/3 of the space that they are using at the community center because they don't have more dollars to provide all the space they are providing in the old high school. They will not be building a gym because the dollars just described are the end of the bond. If it were true that the City of Minnestrista wanted to do a partnership with the school district, to provide a gymnasium in Minnetrista at the high school site, that might be a possibility for replacing that facility but they don't know if the City of Minnetrista is interested in doing that or not. 189 MINUTES- MOUND CITY COUNCIL - APRIL 8, 1997 e The other functions that are in the old high school, such as the senior center, Wecan, head start, Triax and the dentists will have to find alternative space. The school district is not in a position to build space for those other non-school related functions. BIL HAWKS - acknowledged that the school district has the $1.9 million and that it is going to build 1/3 of the building that is there now. They won't have a gym. They won't have a parking lot for the Pond Arena, etc. Mr. Hawks thinks that within the next 5 years it's going to come back around and someone will be standing here saying we don't have a gym anymore. We need one and someone has to pay for it and you have to. There has been too much. finger pointing and muscling by the school board to various cities on what you have to do and what you don't have to do. He further stated that he has 3 bids from three different qualified contractors that will bring the old high school up to code, (they will bond it so if it goes over the bid, they will pay for it), for $1.9 million. Mr. Hawks asked, "Where, when, how and why are they going to pay for this new addition? 30,000 square feet at $120.00/per square foot, gets them close, then they will have to resort to the budget for funds and then they will come back and be short. Where is that money going to ccome from. The school district needs to be responsible." Councilmember Hanus asked about the landscape plan and the trees that appear to be part of the ponding area. The Planner stated that most of the trees shown there are part of the church project and have not yet been planted. Councilmember Hanus asked how large the pond would have to be? Dr. Myers stated that they have not heard back from the Watershed District yet. Mr. Haglund stated that the existing pond will be enlarged some. It will not preclude putting some landscaping in that area. He stated they have made application to the Watershed District and hope to be at their Board of Managers Meeting on April 24, 1997. There has been no word from the Watershed District yet. The City Engineer pointed out that this is a dry pond. This will not have water in it all the time. It is only for quantity control. It will fill up in a rain event and gradually drain out. Councilmember Hanus asked what the total cost of the addition will be. Dr. Myers stated it is approximately $3.3 million. She further explained that they have some additional bond funds out of the $14.7 million. 190 i 11 I i I Ii, I, I ,I , MINUTES - MOUND CITY COUNCIL - APRIL 8, 1997 Councilmember Hanus asked if the funds gained from the sale of the Lynwood property would have to go toward this addition project? Dr. Myers stated yes. Mayor Polston asked if the grading and stormwater plan has been submitted to the Watershed District? Mr. Haglund stated it has been submitted to the Watershed District. Mayor Polston then asked if the school district's engineer, Schoell & Madsen, are asking for Watershed District approval under Rule B? The City Engineer stated that he doesn't know for sure but that he thinks they are. Councilmember Hanus asked about a letter from the architect, dated March 6, 1997, that refers to stormwater drainage and the possibility that a fee may also be paid to the Minnehaha Creek Watershed District if enlarging the existing pond is not sufficient to handle all the new hard surface drainage. Mayor Polston stated that this alludes to the fact that there is a possibility that they are going to be asking that Rule B apply, which is of concern because if Rule B is applied, then in fact, what the City would be doing in the future is accepting all maintenance costs and all treatment costs for stormwater. If that is going to be the case, under the Stormwater Management Plan, there is a question on stormwater treatment. There should be in place a Stormwater Management Plan and if there is a question, then the treatment and the ponding should be required as an intregal part of the project unless the City wants to go online for accepting the responsibility for future treatment. He wants to know what kind of potential costs and ramifications this will have on Mound if Rule B is utilized for this site. Councilmember Hanus also expressed concerns about this. Councilmember Hanus was also concerned with the funding of this project, if the sale of the Lynwood property is required to fund this project. He stated he has a copy of the purchase agreement for this property and he had some problems with the requirement that the City become involved and the way it becomes involved. He stated he does not want to move this CUP forward until after the meeting with the School Board to discuss some of the items relative to the Lynwood property. There are a lot of open issues and unresolved issues that directly relate back to this project. The Council agreed that they did not want to move on this CUP until after their meeting on April 15th with the School Board and the Cities of Minnetrista and Spring Park. MOTION made by Polston, seconded by Hanus directing the City Engineer to look at the stormwater management plan and the drainage plan and how it impacts the City. The City Attorney to address, particularly, Rule B under the Watershed District's plans and how that impacts the City. Also to continue the Public Hearing on the CUP to April 22, 1997. The vote was unanimously in favor. Motion carried. The Council asked that City Staff look into the following prior to considering issuing the CUP. What this Rule B status would require on behalf of the City for stormwater management for the site. 2. What impact TIF financing for the Lynwood site will have on the City of Mound. 191 MINUTES- MOUND CITY COUNCIL - APRIL 8, 1997 1.8 CONTINUED PUBLIC HEARING: PROPOSED STREET RECONSTRUCTION - SHERWOOD DRIVE. The City Engineer explained his addendum to his original Preliminary Engineering Report for the reconstruction of Sherwood Drive. In that report is a revised cost estimate and a revised proposed street assessment for the affected properties. There is about a 1/3 reduction in the cost of the improvements. The proposal eliminates taldng the entire blacktop surface out. It would also reduce the width of the strret from 30' to 28' and new concrete curb and gutter would be installed, with concrete aprons. There would be minor repairs due to some of the cracking. The crown would have to be built up and then an overlay would be done on the entire street. The original street was constructed with a 2" bituminous mat over fill which varies in depth from 2 to 8 feet. The fill is comprised of a mixture of sand, silty sand and silt and was placed over naturally-occurring sandy clay. The existing street is 30 years old. The Engineer then explained the City's assessment policy. All affected property owners were notified of this public hearing and the proposed assessment. The Mayor opened the public hearing. CARL HANSON, 5501 Sherwood Drive. Stated he thought the administrative costs were high, but was not against the proposed assessment. The City Engineer explained what the administrative costs cover. Mr. Hanson stated that he is not against the project. MARK JORLAND, 5549 Sherwood Drive. In favor of the improvement. The Mayor closed the public hearing. Polston moved and Ahrens seconded the following resolution: RESOLUTION//97-36 RESOLUTION ORDERING THE IMPROVEMENT OF SHERWOOD DRIVE AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR MAKING SUCH IMPROVEMENT The vote was unanimously in favor. Motion carried. 1.9 REQUEST FOR FINAL PLAT APPROVAL - JOE ZYLMAN, MAPLE MANORS. The City Engineer gave the background of this item. He stated that there are still a couple of things that need to be worked out. One is the Watershed District approval. There are 12 conditions in the resolution for final plat approval. The Council asked about the balance in the escrow fund which is #6 in the conditions. The Staff did not have that information at this time. 192 MINUTES- MOUND CITY COUNCIL - APRIL 8, 1997 They also questioned condition #10 which reads as follows: "A new 100 year flood elevation is being created for the stormwater holding pond which applies to units 7 and 8. The City floodplain ordinance requires these units to have a two foot freeboard above the 100 year elevation, and the lowest floor elections shall be revised to be inconformance with the floodplain ordinance." The Watershed District's Rule B also needs to be addressed for this plat. Councilmember Jensen asked about the City Attorney's letter dated 2-20-97, review of the Maple Manors Homeowners Documents. She referred to item #3 of the letter as follows: "There is a provision in the articles that allows the association to be dissolved and, upon dissolution, the common area to be dedicated to the public. If the dedication is refused, the property is transferred to any non-profit corporation, association, trust or organization devoted to a similar purpose. This is noted for your information and, not by way of objection." The City Attorney advised that the Articles of the Association could be revised so the City is out of the loop entirely and the property would just go to a non profit or association or trust upon dissolution. Councilmember Ahrens asked if the dissolution item has to be in the Homeowners Agreement. The City Attorney stated that this section is required by state law and is needed to assure that the common area, upon dissolution of the homeowners association, is not ever sold off separately and developed and the owners of the parcels lose the common areas. The idea is that there be some third party trustee of the common areas that would continue to have them as common areas. Councilmember Hanus asked if this plat will have variances to the hardcover requirements on the lots? He asked the City Planner this earlier and the Planner thought that this was covered in the CUP and the preliminary plat. Staff will check this out. The Council decided that without answers to their questions, they would not be able to approve this final plat tonight. The City Engineer stated that what the Watershed District has done, under Rule B, in the past, is that they will approve the permit conditioned upon, the City entering into a cooperative agreement with the Watershed District which we are in the midst of trying to work out now. It appears that the way it will come down is that there will be regional ponding. The Council expressed concern that then the City would have to pay for the construction of the ponds. The City Engineer stated that a way to fund this would be to take the money that is donated in lieu of building all the little ponds and put that toward construction of the regional ponds. Then the maintenance, which is the big item, is turned over to the City. The acquisition of the property would also be the City's responsibility. What level of participation the Watershed District will participate is unknown at this time. There was discussion about creating a Stormwater Utility so that the City can charge the users and not have the taxpayers get stuck with building treatment ponds at taxpayer expense, when user fees are what should be covering it. 193 ~ MINUTES- MOUND CITY COUNCIL - APRIL 8, 1997 MOTION by Poiston, seconded by Hanus to continue this item until the May 13, 1997, meeting so that all the issues discussed tonight can be addressed by Staff. 2. 3. 4. 5. The vote was unanimously in favor. Get the balance of the escrow account. The commons area and the homeowners agreement. #10 of the conditions in the proposed approval resolution. The hardcover issue. The agreement with the Watershed District. Motion carried. INFORMATION/MISCELLANEOUS: A. Department Head monthly reports for March 1997. LMCD Representative's monthly report for March 1997. C. Planning Commission Minutes of March 24, 1997. Letter from Congressman Jim Ramstad re: Mayor Polston's letter to the Dept. of Housing & Urban Development (HUD) on the issue of improvements needed at 2020 Commerce Blvd. (Indian Knoll Manors). Invitation from Mound City Days Re: Mayor and Council's participation in the Mound City Days Parade. If you intend to be in the parade, please complete the Registration Form and return it as indicated. F. Reminder: HRA Board Meeting, Tuesday, April 8, 1997, 7:00 p.m. Reminder: Committee of the Whole Meeting, Tuesday, April 15, 1997, 7:30 p.m. The only item on the Agenda is the discussion with the Westonka School Board on the possible retention of the existing Community Center. Invitations have been extended to the Cities of Orono, Minnetrista and Spring Park to also attend. The Council asked for the following for this meeting: 1. The total cost of the Shirley Hills addition project. 2. The estimates for the renovation of the Lynwood site. 3. A summary of the 2 years worth of work that the Task Force did studying the Community Service Building (old high school). Mayor Polston stated that what he would like to see come out of this meeting is a discussion with the School District on the possibility of salvaging and saving the existing community center and what level of participation that the City can, in fact, do, and maybe collectively with Minnetrista and Spring Park. This would mean keeping the building in its present location. The Mayor stated he has spoken to the State Historical 194 MINUTES - MOUND CITY COUNCIL - APRIL 8, 1997 Society and there are some funds available through the bonding bill in the State for buildings of the WPA era. Reminder: Tuesday, April 22, 1997, 7:00 p.m., is the annual Board of Review. Mayor Gabriel Jabbour, Orono, has invited the Lake Minnetonka Area Mayors to a breakfast on Wednesday, April 9, 1997, 8:00 a.m., Lafayette Club. The purpose of the meeting is to introduce all of the Mayors to each other since many are newly elected and to brief everyone present on the Highway 12 issue. Notice of Public Hearing, by the City of Spring Park to consider an application for an Off-Sale Liquor License - G-Will Liquors, 4787 Shoreline Drive. MOTION made by Ahrens, seconded by Jensen to adjourn at 9:40 P.M. The vote was unanimously in favor. Motion carried. Attest: City Clerk 195 Ii ,11 I i I , il, I , I ,& , BILLS .April 08, 1997 Batch 7033 $ 99,200.68 Batch 7034 93,689.20 Total Bills $192,889.88