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1981-11-24 181 November 24, 1981 SPECIAL MEETING OF THE CiTY COUNCIL Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was held at 5341Maywood Road in said City on November 24, 1981, at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Gordon Swenson, Robert Polston, and Donald Ulrick. Also present were City Manager, Jon Elam; City Attorney, Curt Pearson; City Engineer, John Christianson; City Planner, Rob Chelseth; Building Inspector, Hank Truelsen; Planning Commission Members Russ Peterson, Gary M. Paulson, Roy O'Donnell, George Stannard, and Margaret Hanson; Secretary, Fran Clark; and the following interested citizens: Randy Bickman, Dick Bowman (Tonka Toys Fleet Supervisor), Jim Riley, Vern Marsh, Mike Mueller, Dr. Ken Romness, Jerry Longpre, Carl Krause and Ron Gehring. Mayor Lindlan opened the meeting and welcomed the people in attendance. He explained to the people present that there would be no comments and suggestions by citizens present tonight because of the four public hearings to be held tonight. MINUTES The Minutes of the November 17, 1981, Regular Meeting were presented for consideration. Swenson moved and Ulrick seconded a motion to approve the Minutes of November 17, 1981, Regular Council Meeting as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARINGS A. DELINQUENT UTILITY BILLS Mayor Lindlan opened the public hearing and asked for any comments or objections from the public on the delinquent utility bills. Hearing none he closed the public hearing. Polston moved and Swenson seconded the following resolution. RESOLUTION #81-377 RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $1236.25 AND AUTHORIZING THE SHUTOFF OF WATER SERVICE. The vote was unanimously in favor. Motion carried. B. VACATION OF EASEMENT - LOTS 12, 13__z__, 14 & 15, KOEHLER'S ADDITION TO MOUND The City Manager gave the background on this easement. The easement was taken in 1968 for the County Road 15 bypass that has never come about. The Planning Commission has approved this vacation retaining an appropriate easement as recommended by the City Engineer. The Mayor opened the public hearing. The City Attorney advised that the vacation should be for only that part of the easement in the public interest to vacate. Councilmember Swenson wanted to know if there would still be room for a sidewalk after the vacation. The City Engineer, John Christianson stated yes, that there would still be 3½ to 4 feet behind the curb. The Mayor closed the public hearing. 182 November 24, 1981 Ulrick moved and Charon seconded the following resolution. RESOLUTION #81-378 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE VACATION OF THE PUBLIC STREET EASEMENT BUT RETAINING THE PUBLIC UTILITY EASEMENT ON LOTS 12, 13, 14 & 15, KOEHLER'S ADDITION TO MOUND The vote was unanimously in favor. Motion carried. C. PARKING LOT IMPROVEMENT The City Manager gave the background on this. The Council requested that a preliminary report be compiled on this parking lot and the Engineer completed their report and submitted two different plans. The Council chose Plan A for this parking lot. The estimated cost of the project with curb and gutter would be approximately $20,000.00 or $15,000.00 without curb and gutter. This would be assessed back to the property owners abutting the lot. Then the City would lease the lot from the property owners and the maintenance of the lot could be covered by the CBD maintenance program. The Mayor opened the public hearing and asked for comments. Randy Bickman (representing the Eugene Bickman estate which owns the building and property on the east side of the lot) ~ Stated that they currently lease the building to Tonka Toys and will not break the lease. He doesn't feel he should be assessed because he already has adequate parking spaces for his building. Dick Bowman (Fleet Supervisor for Tonka Toys) - stated that according to their lease with Bickman the burden of the assessment would be on Tonka Toys. Mike Mueller, Dr. Romness and Jerry Longpre were all present and would like the lot improved not only from the standpoint of more parking but also because it will make the CBD look much nicer. The City Attorney pointed out that the City would need Bickman's and Tonka's consent before the project could be undertaken because this is private property or the City would have to condemn or lease the property and then proceed with the project. The Council indicated they would like to table any action tonight and bring it back at a later date. The Mayor closed the public hearing. Swenson moved and Charon seconded a motion to adjourn the public hearing for tonight and continue it to January 5, 1982, when they will again consider this parking lot improvement and a new course of action, i.e. condemnation, leases, etc. The vote was unanimously in favor. Motion carried. D. MOUND ZONING ORDINANCE The Mayor opened the public hearing and explained that it was a continuation of a previous public hearing. Russ Peterson, Chairman of the Planning Commission explained the background and the work that has been done on this proposed Zoning Ordinance. The Mayor asked the Council for input. 183 November 24, 1981 Councilmember Polston asked if the Planning Commission adopted this ordinance and if they are asking for Council approval. Russ Peterson answered yes. Councilmember Ulrlck asked if the vote on the Planning Commission was unanimous. Russ Peterson answered that the entire Commission approved in concept but there were some points in the proposed Ordinance that all the Commission members were not in complete agreement with. Councilmember Polston moved and Charon seconded the following resolution. RESOLUTION #81-379 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND ADOPT THE PROPOSED ZONING ORDINANCE AS PRESENTED Discussion followed: Councilmember Swenson stated that the only way he could vote yes on this Ordinance would be if the Ordinance stated that any property or building that is conforming now would be conforming after the adoption 'of the Ordinance. Planning Commission member Roy O'Donnell agreed. The City Attorney stated that Section 1404 deals with the protection of the non-conforming uses that were conforming uses under the old Zoning Ordinance and would automatically become non-conforming uses after the proposed Zoning Ordinance is adopted and published. Russ Peterson stated that the only way to get around the above issues was to leave the present Zoning Ordinance as it is and scrap the new one. Councilmember Ulrick stated that he would hate to see the efforts that have gone into this proposed Ordinance be set aside by failure to act on this Ordinance and that he was in favor of bringing the motion to a vote. Councilmember Polston felt that the Council and the Planning Commission would continue to work with hardship cases and that the question of conforming and non-conforming uses would be dealt with as they always have been, fairly. The City Attorney pointed out that there should be 2 corrections to the Zoning Ordinance. 1. Section 1602 Zoning Map (the first sentence should read) The Zoning Map of the City, marked Exhibit A and on file in the City Clerk's Office, is hereby adopted by reference as shown in all details herein. 2. Add Section 1901.2 Repealer. Upon the effective date of this ordinance, all previous provisions and sections contained in Chapter 23 of the City Code and adopted prior to the effective date of this ordinance, are hereby repealed. Councilmember Polston added the above 2 corrections to his motion for Resolution #81-379 and Councilmember Charon seconded this motion. Roll call vote was 4 in favor with Councilmember Swenson voting nay. Motion carried. Councilmember Swenson noted that he is voting nay because what were conforming uses under the Old Zoning Ordinance would automatically become non-conforming uses after the New Zoning Ordinance is effective. 184 November 24, 1981 Councilmember Polston stated that the passage of this Zoning Ordinance will also make a number of properties a conforming use. The City Planner stated that this ordinance is to protect and benefit the people, the public and the property owner. Russ Peterson stated that the language in Section 1404 is consistent with the state law and should be used. Councilmember Swenson stated that he doesn't want someone who just built a house a few days before the ordinance became effective to have a non-conformancy because of the ordinance adoption. The majority of the Council and the Planning Commission agreed on the following items: 1. It is humanly impossible to write a perfect ordinance. 2. That no one is looking for a way to harm the people and make non-conforming property. 3. That variances in hardship cases will still be granted. 4. That the City has to start somewhere in bringing the zoning laws up to date in the City of Mound. 5. That a massive amount of time and work has gone into this ordinance to make it as good as it can be. Swenson moved and Ulrick seconded a motion to ajourn at 10:20 P.M. The vote was unanimously in favor. Motion carried. Fr~ Clark, Secretary- n Elam, City Manager