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1985-10-07October 7, 1985 207 MINUTES REGULAR COUNCIL MEETING OCTOBER 7, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on October 7, 1985, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Stege Smith and Russ Peter-son. .Also present were: Acting City Manager Fran Clark, Acting City Clerk Linda Strong, City Engineer John Cameron, City Attorney Jim Larson, Roger .gager, Gladys Larson, Creigh Thompson, Cheryl Grand, Lou Derner. Jan Bertrand, Building Inspector The Mayor opened the meeting and welcomed the people in attendance. MINUTES ' The minutes of the September 24, 1985, regular meeting were presented for consideration. MOTION MADE BY COUNCILMEMBER PETERSON AND SECONDED BY JESSEN TO APPROVE .THE MINUTES OF THE SEPTEMBER 24, 1935. REGULAR MEETING. THE VOTE WAS UNANIMOUSLY IN FAVOR. MOTION CARRIED.. CONTINUATION OF PUBLIC HEARING: TO CONSIDER A WETLANDS PERMIT AND PRELIMINARY AND FINAL PLAT OF SINCLAIR COURT. The City Engineer opened the discussion. with the concern about lot 5. The elevation should go no higher than 930.4. There was some blockage at the outlet of the wetlands. John felt-the capacity of .the lift station for new develpoment was sufficient. Councilmember Jessen asked about item 7 of the proposed resolution; "to placing of fill below the elevation of 931." Jessens question pretained to the elevation should be 931.5 Engineer Cameron agreed it should be "931.5". Correction noted. John Cameron mentioned 0utlot A, that it is 95% under water, and the. lot is l7q of the proposed plat, wondered how to assess the value of this lot for the benefit to the City as park land. This pretains to item 3 of the proposed resolution. It was agreed upon by the Council to set the assessment at $225.00, to the 5 other lots, for Outlot A. Councilmember Paulsen moved Councilmember Peterson seconded the adoption of the following resolution: RESOLUTION #85-119 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND APPROVE WETLANDS PERMIT AND FINAL PLAT KNOWN AS "SINCLAIR COURT" FOR LOTS 7 THROUGH 13, BLOCK 16, THE HIGHLANDS, PID NUMBERS 23-117-24 34 0052 through 0058• PLANNING COMMISSION 1985-434. AMENDING ITEM #7 TO READ "TO PLACING OF FILL BELOW THE ELEVATION OF 931.5" The vote was unanimously in favor. Resolution passed. a gad 208 PUBLIC HEARING October 7, 1935 Application for. Conditional Use Permit for Consignment/ Gift. Shop, 5098 Three Points Blvd. - Gail and Roger Rager. Mayor Polston opened the Public Nearing and asked for anyone present to speak in favor or against. Mrs. Larson. asked to have "Conditional Use Permit" explained. Attorney Jim Larson.did.so:for her. Mrs. Larson .then asked if .lots 14 and 15 were commerical. Jan Bertrand, Building Inspector, said they were not,. the lots were zoned R2, for parking only. Mayor Polsaon closed the Public Hearing. He then turned it over to the Council. Councilmember Jessen mentioned lots 14 and 15, she had heard complaints from residents about ..high weed growth, and would this b.e taken care of. Also, did Mr. Rager intend to use these lots- for parking. Mr. Rager responded that the lots are used for personal parking now, and that the weeds have .be taken care of. Mr. Rager felt the parking was adequate for the type of food business he. has compared to the number of parking spaces larger resturants have in the area.. Jan Bertrand mentioned. the uses of the business would be outlined in the CUP, and also the parking in lots 14 and t5 only. Mayor Polston asked the Council to grant the CUP fora consignment/ gift shop at 5098 Three Points Blvd. Motion for the following resolution made by Peterson, second, Smith. RESOLUTION X85-120 RESOLUTION TO GRANT THE CONDITIONAL USE PERMIT FOR A CONSIGNMENT/GIFT SHOP AT 5098 THREE PTS. BLU The vote was unanimously in favor. Resolution passed. REVIEW ~ RECOMMENDATION -0F PLANNING COMMISSION ON REZONING OF PART OF OR ALL OF SHADYWOOD POINT FROM R-1 'TO R-2. The Acting City Manager stated that in August 85, the Council asked the Planning Commission to check into the possible rezoning of this area due to many variances applied for because lot size of 10,000 sq. ft. The Building inspector, Jan and. Mark Koegler, City Planner, checked into this. Mark did a study, and this was discussed. The Planning Commission, Jan and Mark agreed the Shadywood Point should remain at R-1 zoning. The Planning Commission will consider each request as it comes in. Councilmember Peterson thanked the Planning Commission for investigating this issue. CASE X85-437 Creigh ~ Cheryl Thompson, Subdivision & Lot Size Variance for lots 15, 16 &": 17, Block 7, Shadywood Point Jan Bertrand explained the request of the Thompson's. She highlighted the recommendation of the Planning Commission and the staff approval, under specific conditions. One of the recommendations was to either repair the buildings to building code requirements or to remove it. Mr. Thompson felt the building was useable, if brought up to code. Mayor Polston suggested, after some discussion, to drop from the recommendation the removal of the garage and amend it to say "bring up to code". ~8~5 October 7, 1985 209 MOTION MADE BY MAYOR POLSTON TO AMEND THE PLANNING COMMISSION'S RECOMMENDATION TO REMOVE THE DWELLING, AND AMEND IT TO SAY, "BRING UP TO BUILDING CODE". COUNCILMEMBER PAULSEN SECONDED THE MOTION. Discussion by the Council opened. Councilmember Smith asked that a list of improvements be made by the building inspector. Smith also asked as to the cost to improve. Jan replied that a list would be drawn up and the improvement cost around $1100. Councilmember Jensen mentioned that she had been to Creigh's home and. it was very nice inside. Mayor Poiston called for the vote. The motion carried, with four-yes votes, Councilmember Peterson abstained. Mayor Polston then asked fora motion to approve the subdivision and lot size variance as amended.. RESOLUTION #85-121i RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE THE LOT SUBDIVISION. AND LOT SIZE VARIANCES ..FOR LOTS 15, 16 & 17, BLOCK 7, .SHAD.YWOOD POINT, PID # 18-117-23 23 0040 and 0041 (1959 Shorewood Lane) AS AMENDED. M0710N MADE BY COUNCILMEMBER PAULSEN AND SECONDED BY MAYOR POLSTON ADOPTING RESOLUTION #85-120 AS AMENDED. The vote passed with four yeses, Councilmember Peterson abstaining. CONSIDER WAIVING OF PLATTING AND PUBLIC HEARING OF SUBDIVISION REQUIREMENTS.AND APPROVAL OF SUBDIVISION OF PARCEL D NEEDED FOR LYNWOOD BLVD. IMPROVEMENT PROJECT. Motion for the following resolution made be Peterson, second Paulsen. RESOLUTION #85-122 RESOLUTION TO WAIVE THE PLATTING AND PUBLIC HEARING OF SUBDIVISION REQUIREMENTS AND APP- ROVAL OF SUBDIVISION OF PARCEL D NEEDED FOR LYNW000 BLVD. IMPROVEMENT PROJECT. The vote was unanimously in favor. Resolution passed. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were no comments or suggestions from citizens present. PUBLIC WORKS SITE STUDY UPDATE - BRAD LEMBERG Mr. Lemberg mentioned that "Architect" should be added to the company name. Mr. Lemberg referred to the Addenum to Report, he had passed out to the Council. a ~a~ 210 October 7, 1985 Two more sites have been added to the feasibility list. Site #6 - has poor access and totally surrounded by residential. Brad. felt this would be a poor choice. Site #7 - "City Hall Campus" His suggestion on this site. was to build 2 buildings, one near fire station and the other near the. City Hall building. The building. near the fire station could be 2 stories. The building near City. Hall could be fenced in and hidden. Both areas would have appropiate landscaping as-to fit into surrounding geographies. Mayor Polston asked if nothing would. have. to be done then to the existing building in Island Park. Brad mentioned to keep .the time element in .consideration.- If both buildings were close. in location, time would be saved in travel and transporting.. a sal Brad also looked. at the possibility of taking .down the old building on Island Park, and redoing. This would be costly. You may want to keep old building for additional storage, or sell the property, or make a parking lot.for the adjacent buildings. There are many options. Brad looked at the old Tonka Toy building also. He is concerned with the leasing cost., and the disadvantages: 1. Obtain a 10 year lease, if you upgrade at all it's for Balboa to keep. 2. Leases there are being filled, and in time. the traffic could cause. mass conjestion, especially with large City trucks. ". 3. If you did lease from Balboa., there would still be the problem of two areas for Public Works. 4. In comparing the lease cost against a new building. The lease at Balboa for 10-15 years would give you a facility for that time, but nothing to show for your money. The cost of a new building spread over 30-50 years would give you a facility and a permanent facility for the City. Brad likes the "Campus" idea. The Campus is geographically in the center of Mound.. Brad also mentioned the cost of building has gone up since 1983. His company is currently bidding on a similar building for Chaska, and when bids are complete, he will be able to give the City an accurate cost estimate. He would like to use some authorized hours to do a complete layout of the proposed buildings. Mayor Polston asked to the cost. Brad stated a building of 20,000 square feet, around $45.00 per sq. ft., $850,000. to $900,000. Depending upon the need of sprinklers, etc. However, Brad felt in- terest was good .now, bonding available, atmosphere looked good. Brad made the following recommendations: 1. The Council review the 2 sites carefully, and determine which is the best site for the City. 2. The Council investigate the various means of financing the construction. 3. The Council authorize Bonestroo, Rosene, Anderlik & Assoc. to use previously authorized hours for improvement of layouts and accurate cost estimates. 4. Commence this operation as soon as possible. 211 October 7, 1985 Mayor Polston stated the cost estimates must be done first. He felt the only way of financing was a referendum in the spring He agreed with Brad that renting for 10 years was a waste. Brad asked if Maywood Road could be extended. This is possible. It was agreed that Brad will return at the October 22, 1985, meeting with updated reports and estimates. CONSIDERATION OF BIDS: ~. a. CBD Snow .Removal b. Fall Clean - up c. Tuxedo Blvd. Improvement Project. A. The only bid recieved for snow removal was from Widmer, Inc. MOTION MADE BY COUNCI,LMEMBER JESSEN AND SECONDED BY PAULSEN TO APPROVE THE WtDMER.BtD FOR. CBD SNOW REMOVAL. The vote was unanimous in favor, Motion carried. B. The only bid for Fall Clean up was from Westonka Sanitation of $4,180.00. MOTIOtJ MADE BY COUNCILMEMBER PETERSON AND SECONDED 8Y SMITH TO APPROVE. THE WESTONKA SANITATION AS CONTRACTORS FOR THE FALL CLEAN UP. The vote was unanimously in favor. Motion carried. C. Tuxedo Blvd. Safety Improvement project. There was only one bid by Vaitey Paving, Inc. of $25,299.00. Mayor Polston suggested we reject the bid (too high) and reopen the bid again in the spring. MOTION MADE BY COUNCILMEMBER PAULSEN AND SECONDED BY SMITH TO REJECT THE BID BY VALLEY PAVING, INC. AND REOPEN THE BID AGAIN IN THE SPRING. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARINGS: VACATION OF SCHOOL STREET (CHURCH ROAD} and PROPOSED AMENDMENT TO PROGRAM YEAR X CDBG FUNDS ~ WESTONKA INTERVENTION PROGRAM. MOTION MADE BY COUNCILMEMBER PETERSON AND SECONDED BY SMITH TO SET PUBLIC HEARING DATE FOR THE VACATION OF SCHOOL STREET TO BE ON NOVEMBER 12, 1985 The vote was unanimously in favor. Motion carried. MOTION MADE BY COUNCILMEMBER PETERSON AND SECONDED BY JESSEN TO GRANT $3962. TO WESTONICA COUNSELING SERVICEAS AND $1000. TO WESTONKA INTERVENTION PROJECT. The vote was unanimously in favor. Motion carried. ~ ~a~ 212 f PAYMENT OF BILLS The bills were presented for consideration. October 7, 1985 MOTION MADE BY COUNCILMEMBER PAULSEN AND SECONDED BY PETERSON TO APPROVE THE PAYMENT OF BILLS AS PRESENTED, IN THE AMOUNT OF $76,890.08, WHEN THE FUNDS ARE AVAILABLE. A roll call vote was unanimously in favor. Motion carried. The Acting City Manager presented two new license applications. 1. Cigarette license. for. Westonka Foods 2. Tree removal license for Emery's Tree Service Inc., in Delano. MOTION MADE BY COUNCILMEMBER PETERSON AND SECONDED BY PAULSEN. TO APPROVE BOTH OF THESE NEW LICENSES. The vote was unanimously in favor. Motion carried. The Acting City Manager informed the Council that the T.I.F. bonds are being issued on October 22, 1985. This causes a problem because the HRA is due to close on the Busch's property on the same day, and the proceeds from bonds will not be available on the same day. Therefore, the City needs to lend the HRA $70,500. to close the Busch's property. We will get the money back shortly. MOTION MADE BY COUNCILMEMBER PAULSEN AND SECONDED BY PETERSON TO LOAN THE HRA $70,500. The vote was unanimously in favor. Motion carried. CEMETERY LOTS The Council needs to approve the transfer of 6 cemetery lots from Mrs. Lawrence Koehler to Huber Funeral Home, according to Cemetery Ordinance (Section 5.035)• MOTION MADE BY COUNCILMEMBER PAULSEN AND SECONDED BY SMITH TO APPROVE THE TRANSFER OF TITLE OF SIX CEMETERY LOTS FROM MRS. LAWRENCE KOENLER TO HUBER FUNERAL HOME. The vote was unanimously in favor. Motion carried. COUNTY ROAD 15 UPDATE The Acting Manager stated that Bud Robb called from the Hennepin County Board, and the resolution the City sent to him, to speed up the improvement to County Road 15, was defeated, until 1989. JON ELAM - MET COUNCIL Jon told The Acting City Manager of a change in the system for allocations of Sewer Units in Mound, from now until 1990. It reduces Mounds approved flow by. 154 REC's (residential Equivalent a~~ 213 October 7, 1985 Connection). The report Jon gave to Fran stated it's based on a 1990 population of 8800. However, the 1986 budget population figures developed for~the state AID office also by the Met Council., peg Mounds population at 9700. These figures do not coinside. Counctmember Peterson. moved and Councilmember Jessen seconded the following resolution: RESOLUTION #85-123 RESOLUTION TO THE METRO COUNCIL OBJECTING TO .THEM REDUCING MOUND'S REC (RESIDENTIAL EQUIVALENT CONNECTIONS) BY 154 AND POfNTING .OUT THEIR ERROR IN THE POPULATION PROJECTIONS FOR MOUND . The vote was unanimously in favor. Resolution passed. MOTION MADE BY MAYOR POLSTON TO DIRECT THE LEGAL STAFF IMMEDIATELY TO INVESTIGATE THE ERROR IN POPULATION PROJECTIONS FOR .THE CITY OF MOUND, AND TO GET THEM CORRECTED. IF THE COUNCIL REFUSES, GET AN INJUNCTION. The vote was unanimously in favor. Motion carried. Mayor Polston stated that if the Met Council refuses to change their report, then the City should ask that the Met Council be restrained. Attorney Jim Larson stated the need to file an injunction tomorrow, to get their attention. LAKE VIRGINIA/LAKE ANN INTERCEPTOR The Met Council is about to approve new sewer construction that wilt correct the inadequacy in the sewer system. The Met Council staff feels it should be a forcemain, Lake Virginia. Chanhassen and Eden Prairie want to use this new system to service new areas in their communities, they want Lake Ann. The Lake Ann site is more costly that Lake Virginia. Chanhassen and Eden Prairie have agreed to contribute funds, but not make up the entire difference. The difference will come from all of the cities on this sewer line, even Mound. This could cost Mound 2 million dollars. Mayor Polston suggested sending a letter to the Met Council stating approval of a more permanent construction of a gravity site system, but the City of Mound highly objects to their method of funding this project. The City Council agreed. INFORMATION/MISCELLANEOUS A. Letter from Blue Lagoon Marina B. Thank You Note from Mark Koegler C. NSP Notice of Rate Increase Request a~3~ 214 October 7, 1985 D. Letter from Several Citizens Regarding Perkins Restaurant E. Ehlers ~ Associates Newsletter F. Springsted, Inc. Newsletter MOTION MADE BY COUNCILMEMBER PAULSEN AND SECONDED BY JESSEN TO ADJOURN THE MEETING. THE .VOTE WAS UNANIMOUSLY IN FAVOR. MOTION CARRIED. Meeting adjourned at 9:02 PM. ~~~ ~~ ~ ~ Fran Clark, Acting City Manager ~ ~~~~ Lin a Strong, Acting Gi y Clerk a~~