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.
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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.
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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.
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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