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1995-08-08Mound City Council Minutes August 8, 1995 MINUTES- MOUND CITY COUNCIL MEETING- AUGUST 8, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 8, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen, Phyllis Jessen, City Attorney Curt Pearson, City Engineer John Cameron, City Planner Mark Koegler, Building Official Jon Sutherland, City Manager Edward J. Shukle, Jr., Liquor Store Manager Joel Krumm, Acting City Clerk Linda Strong. The following interested citizens were also present: Mark Saliterman, Robert A. Williams, Phil and Eva Hasch, Helen Eiss, Vera Frahm, Bob Seeger, Robert Schumack, Bob Nelson, John Edewaard, Eric Gustavson, Marsha Smith, Chet Harrison, Lorrie Ham, Sharon Cook, Scott Bryce, Jim Bedell, Dudley Bartholow. The Mayor opened the meeting, the Pledge of Allegiance was recited. 1.1 APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 25, 1995. MOTION by Ahrens, seconded by Jensen and carried unanimously, the Minutes of the July 25, 1995 meeting were approved. 1.2 PUBLIC HEARING: CASE #95-19: MARK A. SALITERMAN, 5211 SHORELINE DRIVE, LOTS 7-20 & 26-35, PID #13-117-24 34 0073. CONDITIONAL USE PERMIT FOR DRIVE IN BANKING FACILITY. City Planner Mark Koegler informed the Council that Mr. Saliterman is seeking approval of a conditional use permit and the issuance of variances to allow construction of a new free-standing Norwest Bank building in the parking lot area of Shoreline Plaza, next to Hardee's Restaurant. The proposed bank will contain approximately 3600 square feet and will have a drive-in facility that includes 4 teller lanes and 1 ATM lane. Approval of a conditional use permit involves submittal and review of a site plan and a grading plan, drainage plan, lighting plan and landscaping plan. The B-1 Business District allows for a drive-in retailing establishment. The requested variances include parking space count and space size, sign placement, impervious cover and distance between drive-in facilities and residential uses. The Mayor opened the public hearing asking if there was anyone present who wished to speak regarding this item. Bob Nelson, owner of Hardee's Restaurant, stated he was concerned about the loss of the open area used to drive between the center and the restaurant. He would like to apply to the City to consider approval for a driveway out of Hardee's onto Eden Road. There are curb cuts already present. He is in favor of the bank being built there. There were no more comments from the attendance. The Mayor closed the public hearing and turned it back to the Council for action. 396 Mound City Council Minutes August 8, 1995 City Attorney Curt Pearson stated item "B" in the resolution that read.."Grading, drainage and erosion control plans shall be reviewed by the Watershed District" should read to say '..plans shall be reviewed and approved as conditioned by the Watershed District" Councilmember Ahrens moved and Jensen seconded the following resolution as amended. RESOLUTION #95-77 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A DRIVE-IN BANKING FACILITY IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT AT 5211 SHORELINE DRIVE, LOTS 7-20 & 26-35, PID #13-117-24 34 0072, P&Z #95-19 Mark Saliterman approached the Council regarding item "B" in the resolution stating that the Watershed District could be tough to please. He asked that the Watershed District not be given full authority over these issues. Could the City be the approving agent? City Attorney Curt Pearson stated that the Watershed District has a right to condition the permit. The vote was unanimously in favor. Motion carried. 1.3 PUBLIC HEARING: CASE #95-30: ST. JOHN'S LUTHERAN CHURCH, 2451 FAIRVlEW LANE, TRACTS l-G, RLS 739 & P/BLOCK 2, SHIRLEY HILLS UNIT D, PID 24-117-24 12 0014, 0058 & 0059. CONDITIONAL USE PERMIT FOR PARKING LOT EXPANSION. City Planner Mark Koegler informed the Council that St. John's Lutheran Church, together with Independent School District #277 has applied for a Conditional Use Permit to allow for the construction of a new parking lot and an expansion of a current lot to be built between the church and Shirley Hills School. Chet Harrison of Clark Engineering presented the Council with a landscape plan and discussed with the Council the removal and planting of trees. Approval was recommended by the Planning Commission and Staff. Councilmember Jessen moved and Councilmember Jensen seconded the following resolution: RESOLUTION #95-78 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR A CHURCH LOCATED WITHIN THE R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO ALLOW THE CONSTRUCTION OF A NEW PARKING LOT FOR ST. JOHN'S LUTHERAN CHURCH 2450 WILSHIRE BLVD. AND 2451 FAIRVlEW LANE, TRACTS A THROUGH G, INCLUSIVE, REGISTERED LAND SURVEY NO. 739, & THAT PART OF BLOCK 2, SHIRLEY HILLS UNIT D, PID'S 24-117- 24 12 0014, 0058 AND 0059. P&Z CASE #95-30 397 Mound City Council Minutes August 8, 1995 The vote was unanimously in favor. Motion carried. 1.4 PUBLIC HEARING: CONSIDERATION OF A CONDITIONAL USE PERMIT TO CHANGE THE USE FROM MOTOR FUEL STATION TO MINOR AUTO REPAIR AND OPEN SALES LOT AT 4831 SHORELINE DRIVE. City Planner Mark Koegler informed the Council that since 1969 the subject property has received 9 different conditional use permits accounting for all of the allowed uses on the parcel. The ones in use now are: minor auto repair, tire repair, valve jobs, service maintenance on vehicles, gas welding, open sales lot (not to exceed 10 autos). The request is to approve these uses for a minor auto repair facility listing the above uses with conditions. The facility will no longer pump auto fuel. The Mayor opened the public hearing asking if anyone wished to speak to the Council on this item. Jim Bedell, property owner across Bartlett Blvd. from subject property, stated he was in favor of the use of this property. Phil Hasch, 4804 Northern Road, stated he lived close to the business and that the property is neater since the new owner came. He encouraged the Council to vote for it. There being no more comments, the Mayor closed the public hearing and returned the item to the Council. City Attorney Curt Pearson suggested that item #2 of the resolution should drop "It is further recommended" to just say "Approval of the uses is subject to the following conditions:'. Councilmember Hanus moved and Councilmember Ahrens seconded the following resolution as amended: RESOLUTION #95-79 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A MINOR AUTO FACILITY AND OPEN SALES LOT IN THE B-2 GENERAL BUSINESS ZONING DISTRICT FOR SHORELINE AUTOMOTIVE, 4831 SHORELINE DRIVE, LOTS 1-4, 21 & PART OF 5 & 20, BLOCK 1, SHIRLEY HILLS UNIT A, PID 13-117-24 44 0014, P&Z CASE #95-28. The vote was unanimously in favor. Motion carried. 1.5 PUBLIC HEARING: CONSIDERATION OF AN APPLICATION TO MODIFY A CONDITIONAL USE PERMIT FOR AN ADDITION TO A MUNICIPAL WELL HOUSE (FIRE DEPARTMENT STORAGE AREA) AT 2415 WILSHIRE BLVD. Jon Sutherland, Building Official, informed the Council that the Planning Commission and staff recommended approval. The Mayor opened the public hearing asking if there was anyone present who wished to speak on this issue. There was no one. The Mayor 398 Mound City Council Minutes August $, 1995 closed the public hearing and returned the item to the Council. Councilmem ber Jensen asked the fire department representative what was to be stored in the addition. The reply was tables and chairs. Councilmember Ahrens moved and Councilmember Jensen seconded the following resolution: RESOLUTION #95-80 RESOLUTION TO APPROVE A MODIFICATION TO A CONDITIONAL USE PERMIT TO ALLOW AN ADDITION TO A MUNICIPAL WELL HOUSE BUILDING TO BE USED AS A STORAGE BUILDING WITHIN THE R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT FOR THE MOUND FIRE DEPARTMENT AT 2415 WlLSHIRE BLVD., LOTS 9-13, BLOCK 3, SHIRLEY HILLS UNIT D, PID #24-117-24 21 0034, P&Z CASE #95-23. The vote was unanimously in favor. Motion carried. 1.6 CASE #94-44: REQUEST FOR ONE YEAR EXTENSION OF VARIANCE, RESOLUTION #94-102, BY DUDLEY BARTHOLOW, 5926 BEACHWOOD ROAD, PART OF LOT 47, AUDITOR'S SUBDIVISION 168, PID ~23-117-24 13 0023. Jon Sutherland, Building Official stated that the Planning Commission and staff had recommended approval. Councilmember Jessen moved and Councilmember Ahrens seconded the following resolution: RESOLUTION #95-81 RESOLUTION TO APPROVE A ONE (1) YEAR EXTENSION OF RESOLUTION #94.102 APPROVING A VARIANCE FOR LOT FRONTAGE, LOT WIDTH, AND A FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A NEW DWELLING AT 5926 BEACHWOOD ROAD, PART OF LOT 47, AUDITOR'S SUBDIVISION #168, PID #23-117-24 13 0023. The vote was unanimously in favor. Motion carried. 1.7 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.8 RESOLUTION ACCEPTING PUBLIC UTILITIES (SANITARY SEWER, WATERMAIN AND STORM SEWER) IN THE NEW SUBDIVISION OF PELICAN POINT. 399 Mound City Council Minutes August 8, 1995 John Cameron, City Engineer, stated the developer of Pelican Point had installed the sanitary sewer, watermain and storm sewer and has requested the City take ownership. There is a bond for one year maintenance and warranty. City Attorney Curt Pearson stated that this resolution does not approve any other items to be installed in the right-of- way. Separate consideration would be needed for further utility installation on easements. Councilmember Ahrens moved and Councilmember Jensen seconded the following resolution: RESOLUTION ~95-82 RESOLUTION ACCEPTING THE PUBLIC UTILITIES (SANITARY SEWER, WATERMAIN AND STORM SEWER) IN THE NEW SUBDIVISION OF PELICAN POINT. The vote was unanimously in favor. Motion carried. 1.9 APPROVAL OF AN ORDINANCE GOVERNING THE CONSTRUCTION, INSTALLATION, OPERATION, REPAIR, MAINTENANCE, REMOVAL AND RELOCATION OF FACILITIES AND EQUIPMENT USED FOR THE TRANSMISSION OF TELECOMMUNICATIONS OR RELATED SERVICES IN THE PUBLIC GROUND OF THE CITY OF MOUND. City Attorney Curt Pearson informed the Council that the League of Minnesota Cities has proposed an ordinance regarding the installation, etc., of telecommunication equipment. The League states that cities adopting a uniform ordinance will create a comfortable environment in which telecommunications companies can operate. Mayor Polston inquired if this had gone through the Planning Commission. It had not. He recommended and the council agreed it be given to the Planning Commission to research as it involves land use. 1.10 COMMONS TASK FORCE UPDATE - MARK GOLDBERG Mark Goldberg, Chair of the Commons Task Force, reviewed with the Council the task force's process, groups, survey results, problems and desires. He said the task force is now preparing a 'quantitative survey" asking specific questions and it will be presented to the Council for approval. He stated most of the complaints came from the abutters. Goldberg commented that the idea of sblling the commons to the abutters came up. City Attorney Curt Pearson stated that it would not happen, as the City is unable to sell this property. 1.11 PAYMENT OF BILLS. MOTION by Councilmember Jensen, seconded by Jessen to authorize payment of the bills on the pre-list in the amount of $304,609.89, when funds are available. By roll call vote, the motion carried unanimously. 400 Mound City Council Minutes August 8, 1995 1.12 INFORMATION AL/MISCELLAN EOUS C. E. DEPARTMENT HEADS MONTHLY REPORT FOR JULY 1995. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR JULY 1995. COMMONS TASK FORCE MINUTES OF JULY 25, 1995. PARKS AND OPEN SPACE COMMISSION MINUTES OF JULY 13, 1995. INFORMATION FROM GABRIEL JABBOUR, ORONO COUNCILMEMBER RE: LMCD BUDGET FOR 1996. PLANNING COMMISSION MINUTES OF JULY 24, 1995. REMINDER: NCL PHOENIX CONFERENCE - EARLY REGISTRATION IS SUGGESTED. PLEASE ADVISE ASAP IF YOU ARE INTERESTED IN ATTENDING. REMINDER: COMMITTEE OF THE WHOLE MEETING, AUGUST 15, 1995, 7:30 PM, CITY HALL. A LETTER DATED AUGUST 1, 1995, FROM PHIL KLEIN AND TOM AUNE RE: THE RELEASE OF PROPERTY OWNED BY THE CITY IN THREE POINTS AREA FROM LAST CITY COUNCIL MEETING. THEY ARE WITHDRAWING THEIR REQUEST BUT HAVE REQUESTED THE CITY COUNCIL DESIGNATE THE PROPERTY AS A NATURE CONSERVATION AREA (NCA), SINCE THIS ITEM WAS TABLED UNTIL 8/22/95, DO YOU WISH TO HAVE THIS LATEST REQUEST PLACED ON THAT AGENDA? PLEASE ADVISE. Attest: Acting City Clerk V MOTION by Ahrens, seconded by Jessen and carried unanimously to adjourn the meeting. The meeting was adjourned at 9:00 pm. C~ty Manager · 401 £0~ 68'609'POE$ IP'6OZ'LOI 9~'006'96I$ ~66I '90 ~sn~nv ....... S~II~