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1987-03-1032 March 10, 1987 MINUTES - MOUND CITY COUNCIL - REGULAR MEETING MARCH l0, 1987 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 10, 1987, at 7:30 P.M. in the Council Chambers at 53+1 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Don Abel, Liz Jensen, Phyllis Jensen and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Jim Larson, Finance Director John Norman, Building Official Jan Bertrand, Sewer & Water Superintendent Greg Skinner, City Engineer John Cameron, City Planner Mark Koegler, and the following interested citizens: Girl Scout Troop X1115 from Shirley Hills School, Harry and Bernice Putt, Pat and Barb Bidders, Sara Miller, Phil & Eva Haseh, Merritt Geyen, Mike Doshan, David Morse, Jim Norby, Fran Swanson, Dirk Kleinheksel Bev Abbott, Cathy Bailey, Larry Blackstad, Bob Heidbrink. Mayor Smith opened the meeting and w elcomed the people in attendance. Girl Scout Troop X1115 began the Meeting with the Flag Ceremony and lead the Pledge of Allegiance. Mayor Smith thanked the Scout Troop and read a proposed Proclamation making March 7-14, 1987, Girl Scout Week in the City of Mound. Abel moved and Jessen seconded the following resolution: RESOLUTION #87-41 PROCLAIMING THE WEEK OF MARCH 7-1~, 1987, GIRL SCOUT i~TEEK IN THE CITY OF MOUND The vote was unanimously in favor. Motion carried. MOTION made by Johnson, seconded by Abel to approve the Minutes of the February 2~, 1987, Regular Meeting and the February 28, 1987, Special Meeting as submitted. The vote was unanimously in favor. Notion carried. PUBLIC HEARING- CASE #87-606,,. 607 & 608. DAVID MORSE. 188 COMMERCE BLVD ISSUANCE OF A CONDITIONAL USE ,pFRMTT ESTABLTSHTNG A PLANNED DEVELOPMENT AREA AND APPROVAL OF A PRELIMINARY PLAT ~ VARIANCES. PID #13-117-24 23 0006 The City. Planner explained the applicants request. The Planning Commmission recommended approval. 33 March 10,1987 The Mayor opened the public hearing. The following people spoke in access to the lots off of the and in favor of an access from Mike Doshan, 5513 Sherwood Harry & Bernice Putt, 5510 Pat Sidders, 5525 Sherwood opposition to having a 15 foot cul-de-sac on Sherwood Drive Commerce Blvd.: Drive Sherwood Drive Drive The Mayor closed the public hearing. The Council discussed alternative accesses to the lots and utilities that would have to be installed. Smith moved and Abel seconded the following resolution with amendments: RESOLUTION #$7-~2 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A PLANNED DEVELOPMENT AREA (PDA), APPROVAL OF VARIANCES AND APPROVAL OF A PRELIMINARY PLAT FOR THE MORSE ADDITION, PID #13-117- 2~ 23 0006 Amendments suggested by Mayor Smith: 1. The Sherwood Drive cul-de-sac not be used for access. 2. The proposed treatment of the suggested landlocked lots be dealt with as summarized tonight by the City Planner. 3. Any utility assessments be paid by the developer and that language be put in the resolution. 4. Questions on the size of the waterma•in to be installed be addressed before final approval. There was discussion on whether the proposed resolution could be approved with the amendments because as proposed it refers to items that would have to be changed if the Sherwood Drive access were not used and the plat plan would have to be changed. The Council discussed alternative accesses, i. e. off Commerce Blvd. The City Planner suggested that the Council table action on the resolution tonight and that a new detailed resolution be submitted at the next meeting incorporating the ideas discussed tonight. Councilmember Abel withdrew his second and Mayor Smith withdrew his motion. This item will be addressed at the March 24, 1987, Council Meeting. 34 March 10, 1987 Pi1Rt.TC> HEARING• CASE #87-60 Q, STEVE CODDO~, 4841 BARTLETT BLVD., PID #1~-117-24 44 000, SUBDIVISION OF LAND ~ CASF 87610,, STEVE CODDON, 4800 BLOCK BARTLETT BLVD PID #1~-117-24 44 0001/0002. SUBDIVISION h PLATTING OF LAND The City Planner explained the applicantts request. The Mayor opened the public hearing. STEVE CODDON, applicant, spoke in favor of his request. The Mayor .closed the public hearing. Councilmember Johnson stated that he would like to also consider Case 87-610 at the same time as action is taken on 86-609 because the four lots are 44 feet on the water and there is a discrepancy of 10 feet on one side. The Council agreed that the two cases involve each other. CASE #87-610• The Mayor opened the public hearing. STEVE CODDON, applicant, stated that it is a separate situation. There is approximately 50 feet of lakeshore where the 929.4 elevation is taken. He agreed to submit this to the Minnehaha Creek Watershed District. He stated he does not own between the two parcels being platted. DIRK KLEINHEKSEL, 4858 Bartlett, stated that he feels it is too dense for the area. He also wanted to make sure he would still be allowed to have his commons dock off undeveloped Norwood Ave. The Mayor closed the public hearing. Councilmember Jensen stated that in looking at the two proposed resolutions the following items were mistakenly reversed: Items 10, 11 and 12 on page 581 should be on page 590 and Item #7 deleted. Item 10 on page 590 belongs on page 581. The City Engineer stated he had spoken with the City Attorney and they are recommending that the problem of the gap between the two properties be solved before both R.L.S.ts are finalized. The City Planner stated that this would be dealt with in the proposed resolution for .Case 87-610. Abel moved and Jensen seconded the following resolution: 35 March 10,1987 RESOLUTION #87-42 RESOLUTION APPROVING A REGISTERED LAND SURVEY FOR A TWO LOT SUBDIVISION ALONG BARTLETT BLVD., PID #13-117-24 ~R 0003, P ~ Z CASE #87-609 The vote was unanimously in favor. Motion carried. Abel moved and Johnson seconded the following resolution: RESOLUTION #87-43 RESOLUTION APPROVING A REGISTERED LAND SURVEY FOR A FOUR LOT SUBDIVISION ALONG BARLETT BLVD., PID #13-117-2~ 44 0001/0002, P ~ Z CASE #87-610 The vote was unanimously in favor. Motion carried. ,PUBLIC HEARING• CASE #87-611, JRW PROPERTIES, COMMERCE SOUARE,. ,PROPOSED VACATION OF PART OF LYNWQOD BLVD. AND 2 STREET EASEMENTS (NEAR THE CORNER LYNWOOD. AND COMMERCE BLVD. The City Engineer explained that this is the result of the relocation of Lynwood Blvd. and the City no longer needs these three parcels of land. The Mayor opened the public hearing. No one responded. The . Mayor closed the public hearing. Johnson moved and Jensen seconded the following resolution: RESOLUTION #87-~4 RESOLUTION VACATING CERTAIN STREET EASEMENTS OVER PART OF LYNWOOD BLVD. (PLATTED AT DELL STREET) AND RETAINING FOR THE CITY DRAINAGE AND UTILITY EASEMENTS The vote was unanimously in favor. Motion carried. Jensen moved and Jensen seconded the following resolution: RESOLUTION #87-~5 RESOLUTION VACATING CERTAIN STREET EASEMENT The vote was unanimously in favor. Motion .carried. Abel moved and Jensen seconded the following resolution: RESOLUTION #87-46 RESOLUTION VACATING CERTAIN STREET AND UTILITY EASEMENTS OVER PART OF LOTS 2, 3, 4, AND 5, "KOEHLER~S ADDITION TO MOUND", LAKE MINNETONKA The vote was unanimously in favor. Motion carried. 36 March 10, 1987 ,~,UBLIC HEARING• CASE #87-b 12 ,, TO CONSIDER AMENDMENT OF SECTION 2~.62S.q OF THE MOUND ZONING CODE (APPENDIX B)_ ADD CLASS II RESTAURANTS (FAST FOOD., CONVEN- IENCE AND DRIVE-IN) AS A CONDITIONAL USE The City Planner explained the change and what the Planning Commission had discussed and considered (limiting square footage) when recommending the change. They did not recommend limiting charge footage. The Mayor opened the public hearing. _ HIKE MUELLER, spoke in favor the of the zoning amendment. The Mayor closed the public hearing. Smith moved and Abel seconded the following: ORDINANCE #1 AN ORDINANCE AMENDING SECTION 23.b235.3 OF THE MOUND ZONING CODE (APPENDIX B), ADDING RESTAURANTS (CLASS II) AS CONDITIONAL USES The vote was unanimously in favor. Motion carried. PUBLIC HEARING• CASE #87-61~ GLEN OLSON (GIyA MARIA'S RESTAURANT),. 2244A COMMERCE BLVD , TO CONSIDER ~SsItANCE OF CONDITIONAL USE PERMIT FOR THE OPERATION OF A FAST FOOD CONVENIENCE, DRIVE-IN RESTAURANT (CLASS II) The City Planner explained the request and that this it is now possible because of the last item amending the ordinance. The Mayor opened the public hearing. No one responded. The Mayor closed the public hearing. Johnson moved and Abel seconded the following resolution: RESOLUTION #87-47 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR THE INSTALLATION OF CLASS II RESTAURANT IN THE CENTRAL BUSINESS DISTRICT AT 2244A COMMERCE BLVD. (PID #13- 117-24 33 0042/0043) The vote was unanimously in favor. Motion carried. ,PUBLIC HEARING• CASE #$7-614, PHILLIP ~ EVA HASCH, 4810 NORTHERN ROAD, TO CONSIDER APPROVAL OF A CONDITIONAL USE PFRMTT ~ VARIANCES TO ADD TWO ATTACHED RESIDEN- TTAL UNITS TO AND EXISTING 4-PLEX IN THE B-2. GENERAL BUSINESS DISTRICT 37 Mareh 10, 1987 The City Planner reported that a new site plan has been submitted incorporating the recommendations.from the Planning Commission. He also explained the variance request. The Mayor opened the public hearing. No one responded. The Mayor closed the public hearing. Johnson moved and Abel seconded the following resolution: RESOLUTION #87-48 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT AND VARIANCES FOR THE CONSTRUCTION OF A MULTIPLE FAMILY Di~ELLING AT 4810 NORTHERN ROAD, P ~ Z CASE #87-614 The Council discussed the bond requirement for tearing dow n the existing structure. MOTION made by Jensen, seconded by Abel to add the following condition to the proposed resolution, "New construction shall not begin until the existing structure is removed". The vote on the amendment was unanimously in favor. Motion carried. The vote on the original resolution as amended was unanimously in favor. Motion carried. PUBLIC HEARING• USE OF YEAR XIII (1487) CDBG (COMMUNITY DEVELOP- . MENT BLOCK GRANT) FUNDS The City Manager reviewed the proposed use of the Year XIII funds. Larry Blackstad from the Hennepin County Office of Planning and Development, gave the Council the background of the funding and its past uses. The Mayor opened the public hearing. No one responded. The Mayor closed the public hearing. Valerie Hessburg, Westonka Intervention, was present and asked that the Council allocate as much money as possible to their program on domestic violence. The City Manager explained that the plan was to allocate $1 ,000 of the Year XII money for that purpose. Larry Blackstad explained that he is discouraging the dependency of programs like this on this funding because the funds may eventually not be there. Councilmember Abel asked the City Planner h.ow long the comprehensive plan update would take. Mark stated he thought about a year. Abel moved and Johnson seconded the following resolution: 38 March 10, 1987 RESOLUTION #87-~9 RESOLUTION APPROVING THE PROPOSED PROGRAM FOR YEAR XIII URBAN AENNEPIN COUNTY COMMUNITY DEVELOPHENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The vote was unanimously in favor. Motion carried. The City Manager explained that there is a proposed resolution on page 642 of the packet which rescinds the Council's action of February 28th and appoints Tom Reese as the L. M.C.D. representative. Smith moved and Jensen seconded the following resolution: RESOLUTION X87-50 RESOLUTION RESCINDING COUNCIL ACTION OF FEBRUARY 28, 1987, REGARDING L.M.C.D. APPOINTMENT The vote was unanimously in favor. Motion carried. BID AWARD: COMPUTER SYSTEM The City Manager explained that the City received only 1 bid on the computer system. It was from ComputoService, Inc. of Mankato. Included in the bid were outright purchase, and lease/purchase options for 1, 3 and 5 years. He and the Finance Director are recommending the lease/purchase option of 5 years. The Council agreed. Bob Heidbrink of ComputoService, was present and handed out a list of users of their systems. The Council discussed the following: life expectancy, costs, maintenance agreements, savings. The City Manager explained that Mound will give Logis ~5 days notice that the City will no longer be a part of that consortium, but there will be some parallel costs for the first few months. Smith moved and Johnson seconded the f ollowing resolution: RESOLUTION #87-51 RESOLUTION AUTHORIZING THE PURCHASE OF A MUNICIPAL TURNKEY DATA PROCESSING SYSTEM AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AGREEMENT The vote was unanimously in favor. Motion carried. BTD AWARD- CITY HALL VESTIBULE PROJECT The City Manager stated that three bids were received. They were as follows: 39 March 10,1987 1. J. B. Construction Montrose, MN. 2. Unsco, Inc. Mpls. , MN. $15,400.00 $16,888.00 3. Eagle Construction Fridley, MN. He is recommending J.B. Construction at $15,400.00 $19,960.00 Jessen moved and Abel seconded the following resolution: RESOLUTION #87-52 RESOLUTION AWARDING THE VESTIBULE PROJECT BID TO J. B. CONSTRUCTION ~ AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE CONTRACT The vote was unanimously in favor. Motion carried. SET BID OFENING DATE_ 1987 SEAL COAT PROJECT MOTION made by Abel, seconded by Smith to set April 3, 1987, at 10:00 A.M., as the bid opening date for the 1987 Seal Coat Project and authorizing advertisement for bids. The vote. was unanimously in favor. Motion carried. Q~tDINANCE AMENDING CHAPTER IX OF THE CITY CODE BY ADDING ,SECTIONS 910:00 THROUGH 910:5, INCLUSIVE, RELATINGTO CONTROLLED SUBSTANCES The City Attorney explained the need for this amendment. Smith moved and Jensen seconded the following: ORDINANCE #2 AN ORDINANCE AMENDING CHAPTER XI OF THE CODE OF ORDINANCES BY ADDING SECTIONS 910:00 THROUGH 910:35, INCLUSIVE, RELATING TO CONTROLLED SUBSTANCES The vote was unanimously in favor. Motion carried. COMMENTS ~ SUGGESTIONS FROM CI'rTZENS PRESENT The Council suggested having this item earlier in the meeting. PAYMENT OF BILLS MOTION made by Jessen, seconded by Johnson to approve the payment of bills as presented on the pre-list, in the amount of $120,972.76, when funds are available. The vote was unanimously in favor. Motion carried. 40 March 10, 1987 SET DATE FOR PUBLIC HEARING MOTION made by Smith, seconded by Johnson to set April 1~, 1987, at 7:30 P.M. for a public hearing to consider allowing structural improvements, variances and a conditional use permit for property that was formerly Grim m's Grocery on Brighton Blvd. The vote was unanimously in favor. Motion carried. ~NWOOD BLVD. WATERMAIN EXTENSION The City Engineer explained. that there are 4 parcels off of Lynwood Blvd. that do not front on public right-of-way and there is a possibility that 2 of these properties will be developed soon. A watermain extension will be needed to these parcels. Abel moved and Jessen seconded the following resolution: RESOLUTION #87-53 RESOLUTION ORDERING PREPARATION OF REPORT ON THE WATERMAIN EXTENSION OFF OF LYN~IOOD BLVD. The vote was unanimously in favor. Motion .carried. ~NFORHATION/MISCELLANEOUS A. Department Head Monthly Reports for February, 1987 B. Article from Minneapolis Star & Tribune dated February 27, 1987, on public facilities projects in Champlin. Please note the size of the public works building and the estimated cost. Those numbers almost match what Mounds estimates were for about the same size building. C. School Board Minutes of February 9, 1987 D. Association of Metropolitan Municipalities (AMM) is having a special membership meeting on Thursday, March 12, in St. Louis Park. Legislative topics will be discussed. I plan to attend. If you are interested in attending, let me know and we can ride together. E. $~M~.~jp,~.$~, State of the Region Meeting sponsored by Metropolitan Council, Wednesday, March 25, 1987, Minneapolis/St. Paul Hilton, 1:30 P. M. - 8:00 P. M. Attached is a copy of the brochure. Let me know if you want to attend and I will pre-register you. F. Vern Andersen,. Mound Retail Association and myself, scheduled a meeting with the local businesses and individuals for March 6. We invited 45 people and 19 people attended at 7:30 A. M. in City Hall. Prior to the meeting each person w as sent a copy of the Lost Lake study prepared by Maxfield Research. 41 March 10 , 1 987 Group and was told the desire of the City Council to obtain input and reaction to the report. A good discussion was held. General consensus was that the City does have complete control over the property and can dictate the types of uses of the property. Commercial use was favored over residential use but whatever the use is, the group wanted to be able to tie it into the wetlands portion of the property. In addition, consensus seemed to be that if the additional two acres to the east that are owned by Balboa were made a part of a development proposal, the project would be significantly enhanced. Members in attendance as well as those who didn't appear at the meeting were asked to submit comments in writing by March 18 on what they thought were possible uses for the property. G. Jerry Dodds, new owner of Coast-to-Coast has invited the Mayor and City Council and myself to the Grand Opening of his new store. This event is scheduled for March 18, at 9:00 A. M. at the Coast-to-Coast Store in Mound. .Please mark your calendars. H. Attached is a letter from Dowden Cable Systems regarding Channel 23 availability. I. NOTICE: The Metropolitan Parks & Open Space Commission will be briefed by Suburban Hennepin Regional Park District staff on Monday, March 9, 4:30 P. M. in the Metropolitan Council Chambers, at 300 Metro Square Building, regarding the Feasibility Report and Acquisition Master Plan for Lake Minnetonka Regional Park. MOTION made by Jensen, seconded by Abel to adjourn at 10:50 P.M. The vote Baas unanimously in favor. Motion carried. Edward J.' Sh~~kle, Jr., City Manager ~~--~~~~ Fran Clark, CMC, City Clerk li U J BILLS---------MARCH 10, 1887 Batch 874023 Computer Run dated 3/4/87 Batch 874024 Computer Run dated 3/5/87 Total Bills /' r` "~ ~• I ~ >,'~ f~'" 41,263.46 79,709.30 120,972.76