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HomeMy WebLinkAboutAgenda Packets - 1999/01/19 CITY OF MOUNDS VIEW SPECIAL WORK SESSION AGENDA Tuesday, January 19 1999 6:00 p.m. Items Discussed Per Consensus 1. Discussion of Surplus Items 2. Discussion of 3% Cost of Living Adjustment for City Administrator 3. Discussion of Police Chief Recruitment- Brimeyer Group-- Jim Brimeyer will be here at 6:30 to present his recruitment proposal. 4. Discussion of Community Center Cleaning Contracts 5. Discussion of City Council Retreat 6. Remnant City-owned Parcel 7. Discussion of Boards and Commissions Appointments January 14, 1999 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: January 19, 1999 City Council Work Session We have enough items to warrant a work session, but not enough to keep the group too long into the evening. Here's what we have: Item 1- Surplus Items: Staff on occassion will list up several items no longer being used or considered for further use by the city and by code will request permission to dispose of them. The operating policy is to in almost all cases dispose of items at an auction house thereby foregoing the unnecessary concerns that come in attempting to equitably dispense of public property. Finding a particular individual or group is considered to be favoritism, or if bid out under the direction of the city staff can be unnessessarily time consuming and potentially disputable. Hence the auction approach. Council is receiving this item for its review Tuesday, and will be given the list at the January 25 meeting as part of the consent agenda. Item 2 - City Administrator 1999 Salary Adjustment: The Mayor has requested this item be placed on this agenda. Item 3 -Police Chief Recruitment Presentation: Jim Brimeyer of the Brimeyer Group will be present to review with the Council his proposal for conducting the chief recruitment process. Mr. Brimeyer is familiar to Mounds View in that his firm oversaw the process that led to the hiring of Administrator Whiting. He is the former city manager of St. Louis Park and is currently on the city council in St. Louis Park. The Council can review and ask questions and, if possible before the end of the evening, commit enough in a direction for staff to follow through in the coming days with an agreement with Mr. Brimeyer. Item 4 - City Council Retreat: It is a common practice for councils, particularly at this time of year,to put together a retreat with a facilitator and go over priorities and teamwork issues. Cari will give some input on this, but the Council may want to discuss this. If there is interest, the nature, objectives and time of the retreat should be discussed as well. Item 5 -Edgewood Drive "Remnant" Parcel: Lacking a better term,this is a review of the remnant piece of property created by the realignment of Edgewood Drive at Highway 10. There has been interest from developers and Council members will recall recent reviews of drainage options presented by SEH for the area. This past Monday Terry Moses and Bob "Walgreens" Cunningham met with myself, the mayor and Rick Jopke to again review their interest in developing the site. Anthony Properties, Inc. through Wendell Smith has also expressed interest. Here is the issue. The City has never expressly decided what it would want to have happen with this property. It will need to rezoned if anything other than"public facilities" is to be done with the property. Second, there would be a question of fairness in parting with the property. Last year the Council requested development proposals and that call can be made again. With this approach, the City would choose a preferred proposal and in all likelihood spend time refining the proposal to totally meet the interests expressed by the Council. However, that may lead to some questions about fairness again. It is an issue that we should discuss in two ways then, what are your preferences for the future of this property, and how best to proceed if it involves future private ownership. Item 6 - Board and Commission Appointments: The Council may want to follow up on their last discussion on this matter on Tuesday. Have a good weekend and see you on Tuesday evening, 6 p.m. Remember, Monday is Martin Luther King Day and city offices are closed. And on Sunday: Vikings 42 Falcons 16. Not even close. Item No. Type of Business: WK WK: Work Session;PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Surplus Inventory Date of Report: January 14, 1999 Broken and outdated equipment and supplies have been cluttering up the basement for years. These items are old, outdated and in disrepair. The City Council has approved a policy for disposing of surplus property. Staff requests the City Council's permission to dispose of the surplus property that is currently cluttering up the basement. The list includes: Item # Date Purchased Item 7010-4190-0005 1-23-90 DTK 286 PC - Bad 7010-4150-0105 3-22-91 Monitor - Bad 7010-4350-0003 1-4-93 Zeos 486 PC 8010-4190-0008 8-6-91 Zeos 386 PC 7010-4200-0050 2-16-93 IBM 425 SX PC 8010-4200-0050 2-16-93 IBM 425 SX PC 7010-4190-0014 1-22-93 IBM 425 SX PC 8010-4190-0002 5-20-92 Zeos 386 SX 20 PC 7010-4150-0105 3-22-91 Monitor--Bad 7010-4150-0106 12-12-91 Monitor-Bad 7010-4190-0160 8-17-90 Pen Plotter 7010-4200-0005 12-13-93 IBM CD-Rom Drive 000795 8-9-94 Epson FX-870 Printer 7010-4150-0126 12-31-89 Tape Backup Drive 7023-4730-0001 2-28-92 Texas Instruments Printer 7020-4700-0003 2-28-92 Texas Instruments Printer (The aforementioned computer equipment has been salvaged/rummaged through by Jim Hess, our Engineering Aide/ Computer guy. He had taken salvageable parts out of the old but functional monitors/PC's to use in the future. The remaining items on the list are all obsolete or dysfunctional) 6010-4200-0121 9-23-91 4 Old hacked up brown woodgrain Desks 000872 1/18/95 Broken vacuum Old phonograph player Old 8-track/record stereo 5 broken office chairs 8000-4190-0002 3-21-90 HiFi Panasonic Audio Video Cassette Player Worn out welder Check Signature Writer Decolator--separating continuous Multi-part paper Old Printer hood Staff Recommendation: Authorize staff to dispose of surplus inventory as stipulated in the policy for disposition of surplus property. Item No. 3 Type of Business: WK WK: Work Session;PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Police Chief Recruitment - The Brimeyer Group Date of Report: January 14, 1999 The Brimeyer Group is a full service executive search firm working primarily in the public sector. Jim Brimeyer the President has twenty years experience in the public sector as a City Manager, council member and now executive recruiter. The recruitment process is as follows: Creation of position profile, place announcements and recruit candidates, review resumes and screen candidates,progress reports, background checks, assessment, client interview and selection process, selection and negotiation of compensation package. The fees for the Brimeyer Group are as follows: a$13,000- $16,000 professional service cost. This fee will depend on the amount of involvement by city staff and their ability to assist in the assignment. The fee does not include travel, meals and lodging, long distance, printing, credential verifications, courier service and administrative expenses, estimated to be $2,000- $3,000. They will also perform a performance evaluation for the new Police Chief that is designed to assess the first 6 months on the job and to identify issues to work on over the next 12 months. This will be provided at no additional fee. Jim Brimmeyer will be present at the meeting to answer any questions you may have. Item No. 4 Meeting Date: 1-19-99 Type of Business: WS WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Tracy Sanchez, Office Communications Coordinator Item Title/Subject: Discussion of Cleaning Contract Services for City Hall and the Community Center Date of Report: December 5, 1998 Background: Staff has been directed to search for cleaning contract proposals for the Mounds View Community Center. As we have researched into this,we have also asked for a proposal in the cleaning of the City Hall. Currently we have one part-time custodian employee that cleans city hall and one other part-time custodian cleaning the Community Education area at the community center. Each approximately working three hour shifts,five days a week. We have assessed that when the Community Center doors open for business seven days a week we will need thorough cleaning seven days a week. City Hall, Community Education and Children's Home Society will be cleaned five days a week. The Banquet Center will be cleaned on a as-needed-basis,by banquet center part- time, set up and take down crews. Currently, City Hall has budgeted$11,000 for cleaning services and Children's Home currently pays $14,400 per year and would reimburse the city this amount for cleaning services. These are the proposed ranges we are looking at and would like Council's approval to go out for bid. Cleaning Company Total Monthly Proposal James Regan& Son $4938.00 Tower Cleaning Systems $5430.00 Jani KingCleaning Services $5649.00 Fidelity Services Inc. $6619.00 If you have additional questions or would like to receive any detailed information on the cleaning contracts,please call me at 612/717-4016 or Chuck Whiting at 612/717-4001. Item No. 5 Type of Business: WK WK: Work Session; PH:Public Hearing; CA:Consent Agenda;CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Retreat Date of Report: January 14, 1999 Interest has been expressed in a City Council retreat. We have many options for such an event. In the past, the retreats have been three or four hours off site at another City Hall or neutral location. We can certainly do this same type of retreat or opt for something different. There are a few issues we should discuss relating to this event: 1. Time Frame-- How long do we want to spend? We could have the traditional 4 hour evening meeting, or make it a two day venture. For example,the City of New Brighton spends a Friday night and Saturday away together. 2. Location -- Depending on what type of retreat we want--we have a variety of options. If we stay in the metro,we could utilize another city hall in a neighboring community. We could also rent a meeting room somewhere. If we want to make it a two day venture, we could look into renting a cabin, hotel rooms or a meeting facility. For example,New Brighton holds their retreat at the Radisson Hotel and Conference Center in Plymouth. 3. Purpose-- The purpose of the retreat could vary. First,we could use this as a vision setting/strategic planning session. Traditionally,the purpose of the retreat has been to discuss goals and discuss communication issues. A very broad topic is proposed and discussed at length- -often never getting too detailed (and often not getting much accomplished). We have often used a consultant in the past for these types of retreats. In the alternative, we could use this retreat as more of a social gathering/get to know each other event. A combination of the two could also be utilized. 4. Consultant-- Historically we have tried both methods--with or without a consultant. Out last Council Staff retreat in June was facilitated by the City Administrator. We have also used consultants such as Don Salverda in the past. There are pros and cons to both approaches. Obviously, not hiring a consultant is the less expensive route. (The City of New Brighton hired the consultants"Lynn and Associates" for their 2 day retreat on"Orientation to Leadership: What leadership Means for Staff and Council" for a total of$4,000.) Although cheaper, a consultant can help the group develop and lead the discussion as an outsider. Arguably,they often open the door for more frank discussion and honest discourse. Consultants often require bookings some time in advance. If the Council wishes to hire a consultant, staff should be directed to hire someone immediately. We have a variety of options for a retreat. The sooner we have the retreat the more beneficial it could be for all involved. Please advise staff on how you would like to proceed. 2N:\USERS\CARI S\RETREAT.W PD Item No. (P Staff Report No. Meeting Date: 1/19/99 Type of Business: WK WK: Work Session;PH:Public Hearing; CA:Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council Members From: Rick Jopke, Community Development Director Item Title/Subject: Remnant City-owned Parcel. Date of Report: January 14, 1999 Background: When Edgewood Drive is relocated in the spring of 1999, a 1 1/2 acre remnant site will be created which could be developed. Also in the area is the Midland Videen property. It is located south of the Community Center property and east of Edgewood Drive. The property is approximately 9.4 acres in size. A wetland occupies a major portion of the property. There is approximately 1 1/2 acres at the southwest corner of the site that is developable. Because the two sites would be contiguous it makes sense to market them together to get the best development. The Midland Videen site also could offer an opportunity to solve some regional storm sewer problems in the area. In June of 1998 the City Council authorized staff(Resolution-5246)to enter into an option agreement to purchase the Midland Videen property and to send out a Request for Proposals (RFP)to seek unified well planned development on the parcels. An option agreement was drafted and given to a representative of the Midland Videen property owner. The option agreement has never been agreed to or signed by either the owner of the Midland Videen property or the City. Initially the City was waiting for final agreements on the theater property to insure that Edgewood Drive would be realigned and the remnant parcel created. The owner of the Midland Videen property has also been negotiating with other interested parties. City staff has drafted an RFP but has not sent it out because we do not control the Midland Videen property,the final plans for the realignment of Edgewood Drive have not been completed, and the exact size and configuration of the remnant parcel has not been determined. The City received the attached Offer to Purchase the remnant parcel from TOLD Development Co. for $350,000. TOLD has a signed letter of intent to purchase the Midland Videen property. TOLD has indicated that they would like to develop a Walgreen's store and possibly a restaurant on the site. Anthony Properties has also expressed an interest in the property and submitted the attached letter to the City. They would develop an office building on the site. The City Council in October continued consideration of TOLD's offer indefinitely. There was concern expressed that it was premature to act until the Planning Commission could review the matter further to determine what the appropriate use of the property should be. The need to have City of Mounds View Staff Report January 14, 1999 Page 2 additional information on the value of the property and on platting the property was also discussed. The Planning Commission discussed this matter and determined that either a retail/restaurant use or an office use would be appropriate on the site depending on the specific site plan developed and how the development would work with the City Hall property,the Community Center and the adjacent wetland. The city-owned remnant site is currently guided for CC Civic Center uses by the City's Comprehensive Plan and is zoned PF Public Facilities. The Midland Videen property is currently guided as MD Medium Density Residential by the Comprehensive Plan and is zoned B-3 Highway Business. A Comprehensive Plan amendment and rezoning of the city-owned remnant would be required if the site is to be developed for commercial uses. A Comprehensive Plan amendment for the Midland Videen property would also be required. Depending on the use of the property and the design and location of the building(s) on the site, additional City development approvals may also be required. Staff has received proposals from two engineering/surveying firms which indicate that it will cost between$6,800 to $20,000 to plat the property to create a parcel which the City could sell to a developer. The cost varies depending on how much of the two existing City Hall parcels are platted. It would take 2 to 3 months to complete this process. Staff is also attempting to get a proposal from an appraiser to determine what the cost and time frame for obtaining an appraisal on the property would be. Interest in the parcel by the two potential developers remains high. This matter has been placed on the January 19, 1999 work session for discussion by the City Council. The two interested developers have been invited to attend the work session and discuss their interest and proposals with the City Council. Staff will be seeking direction on how the City Council would like proceed on this matter. (t-e/k ') Rick Jopke, Comunity Development Director N:\DATA\USERS\RICKJO\SHARE\11999.RPT Midland Videen / City Property Site Map 11.9 I:. ._,,,_�:_�_ a - ri.pilir ci-A, .43.5 5 55-M-S1 ilik, 1 14 diir4,7;",.,.. -X51,_.-..nni ��_lu�i� �`! Mart.- .r. 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EDGEWOOD DR. REALIGNMENT Alk TOLD DEVELOPMENT COMPANY October 12, 1998 Mayor Duane McCarty City Council Members City of Mounds View 2401 Highway 10 Mounds View, MN 55112 Re: Offer to Purchase Property Mounds View Dear Mayor McCarty and City Council Members: I am pleased to present to you this Offer to Purchase the parcel described herein under the following terms and conditions: BUYER: Meridian Properties Real Estate Development LLC (d/b/a TOLD Development Company), its successors and assigns. SELLER: City of Mounds View. SITE: The site totals approximately 63,000 square feet located at the corner of Edgewood Drive and Highway 10, Mounds View, Minnesota. Site is that area south of the to-be-relocated Edgewood Drive, and is highlighted on the enclosed site plan. SITE CONDITION & INFORMATION: Seller will provide copies of all information relating to the site from Seller's files including but not limited to surveys, soil conditions, environmental reports, plans for buildings, specifications, and geotechnical information. Additionally, Seller will provide Buyer with copies of all agreements with governmental authorities, easements or other agreements that will affect or encumber the property before or after a Closing. PURCHASE PRICE: Buyer agrees to pay the Purchase Price of Three Hundred Fifty Thousand and NO/100 dollars ($350,000.00). MINNEAPOLIS •MILWAUKEE WEDGWOOD COMMERCE CENTRE • 6900 Wedgwood Road.Suite 100,Maple Grove. MN 55311 •(612)420.9000 Fax(612)420-7574 Mayor Duane.ticCarty City Council Members October 12, 1998 Page PURCHASE AGREEMENT: Buyer and Seller will enter into a Purchase Agreement within ten(10)days of acceptance of this Letter of Intent by Seller as proposed by Purchaser. Buyer shall prepare Purchase Agreement. Purchase Agreement shall be in a form substantially similar to that dated October 13, 1997 between the parties. SPECIAL ASSESSMENT: Seller will pay all levied or pending Special Assessments or other levies prior to closing. DUE DILIGENCE PERIOD: Buyer shall have one hundred eighty (180) days from the execution of a mutually acceptable Purchase Agreement to cancel the Purchase Agreement - due to the following: 1.) Buyer shall have been able to obtain all necessary governmental approvals and permits with regard to all applicable environmental, construction, zoning, platting,signage,subdivision,lot split,D.O.T access and turn lane agreements and other land use laws, ordinances and regulations and codes for the construction and use ofthe Property(and adjacent property)as Buyer intends. 2.) Buyer shall have been able to determine that all necessary utilities, including, but not limited to, natural gas, sanitary sewer, storm sewer and water, are located at the property line and are of adequate capacity to serve the development of the Property contemplated by the Buyer. 3.) Buyer shall have been able to conduct such soil tests, environmental assessments or other tests or investigations as are consistent with its interest hereunder, the results of which shall be acceptable to Buyer in its sole discretion. 4.) Buyer shall have been able to determine the costs of the site for new construction and the feasibility of the proposed project based upon said costs and said costs are acceptable to Buyer in its sole judgement. 5.) Buyer shall have been able to make application to applicable governmental units and/or quasi-governmental entities and to obtain any and all governmental or quasi-governmental aid or subsidies necessary, in Buyer's sole judgement, for development of the Property in an economically feasible manner. •'favor Duane McCarty City Council Members October 12, 1998 Page 3 6.) Buyer shall have been able to enter into a net lease agreement with an anchor tenant of its choice on terms and conditions acceptable to Buyer in its sole discretion. 7.) Buyer shall have been able to obtain financing for the project on terms and conditions acceptable to Buyer in its sole discretion. 8.) Buyer shall have entered into binding purchase agreements with the owners of certain adjacent property and can simultaneously close on the purchase of the Property and said adjacent parcels. 9.) Buyer shall have agreed to the form of quit claim deed to be given by the Seller, which quit claim deed, Buyer agrees, shall contain restrictions which run with the land which prohibit the use ofthe Property as an adult bookstore, _ adult movie theater,or massage parlor in each case whose business is the sale, rental or promotion of sexually explicit material acts or entertainment and to which admission is restricted due to age. 10.) In the event Buyer fails to receive approval of the development of the Property at a public hearing, this Agreement may be terminated by either Seller or Buyer. Buyer shall deposit Earnest Money in the form of cash or irrevocable letter of credit in the amount of Ten Thousand and NO/100 dollars ($10,000) in an escrow account with Old Republic Title Insurance Company. Earnest Money shall be refundable if Purchaser cancels the Purchase Agreement during Due Diligence Period and any Extension. EXTENSION: Upon the expiration of the Due Diligence Period, provided Buyer has not closed or terminated the Purchase Agreement,Purchaser may extend the Due Diligence Period for three (2) periods of ninety (90) days by depositing additional Earnest Money in the form of cash or irrevocable letter of credit, in the amount of Five Thousand and NO/100 dollars ($5,000) in an escrow account. The Additional Earnest Money shall be non-refundable, but applicable to the purchase price. CLOSING: Closing will occur within thirty (30) days of expiration of Due Diligence Period and Extension, but not earlier than the vacation of present Edgwood Drive and reconstruction of Edgewood Drive to the permanent location. BROICER: Buyer shall be responsible for compensating Terry Moses in connection with this proposed sale. .l'Iavor Duane.t'IcCarty City Council Members October 12, 1998 Page 4 This is a Letter of Intent and shall not bind either party. Please return a signed original of this Letter of Intent by November 11, 1998,at which time this offer shall expire. Thank you in advance for your consideration. Very truly yours, MERIDIAN PROPERTIES REAL ESTATE DEVELOPMET LLC, a Minnesota limited liability compa • •/. OLD Devglopment Company) By: Iia t AAAA Robert . Cunningham Its: Vice President - Development AGREED TO AND ACCEPTED THIS DAY OF 1998. RHC:cst SELLER: By: Its: h:'bob,mounds.new\mccam,-0tp.1012 ; ! 1. l IV' g rpla061111004 011.14 )cwr MILL • I il ...1--> . , 1 , , j ' - . / I�t y \ / ,.. •• , lC .. . i i • Is ', • \ ....... 1 • f •• rte''• ) l d '•N .` I 1 4• 4 `. , • 14111114 ,, i •• •• il • N. a • • ` : ,• • N. —== = ' ANTHONY PROPERTIES 4 Real Estate Development&Investment 12770 Coit Road,Sulu 1170 • Dallas,Texas 75251 • (972)991-4484 • Fax(972)99I-4491 October 26, 1998 Mr. Chuck Whiting VIA:Fax City Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112 RE: Sale of cty_land at the northeast corner of new Edgewood Drive and Highway 10 Dear Chuck Approximately a year ago, WendeII Smith met with you and Rick Jopke. As part of that meeting, ' he discussed with you my desire to make an offer for the vacant city land that will be created with the realignment of Edgewood Drive. In that meeting, it was discussed that it was the position of the city that this land would be zoned • office and a Request for Proposals would be sent out by city staff I have learned through Wendell that TOLD Development has made an offer to purchase this land and that it will be discussed at the next City Council meeting, tonight. It is also my understanding that they wish to put in a Walgreens and perhaps a restaurant which is a retail zoning. As I made my intentions to purchase this property known to you almost a year ago, and was told that I should wait until a RFP was sent out, I should now also be given the opportunity of bidding on this property. We are presently negotiating with TOLD Development to put a Walgreens on our site at the corner of Long Lake Road and Highway 10. This land is in the PLS as retail. I would think that the city would want to have all Iand that is presently zoned retail developed before creating more retail land. We have worked with the city for over three years in getting the theatre project under way. At the present time, the theatre is under construction and we are doing the working drawings for our first office building, so that we can begin construction in the spring. I believe that our working relationship with the city has been a positive one and we wish to continue working on projects in Mounds View. Mr. Chuck Whiting A October 26, 1998 Page 2 Please make my intentions known to the City Council so that we can become part of the bidding process for this land. Sincerely yours, R. Jay An y RJAJrIg cc: Wendell Smith Mounds View Planning Commission November 18, 1998 Special Meeting Page 2 Ericson gave his report as follows: The Public Hearing notices for Planning Case No. 538-98 were not mailed out in time for residents living within 350 feet of the proposed project. Staff was recommending that the public hearing for Planning Case No. 538-98 be continued to the next Planning Commission meeting. The Case will be renoticed for the required 10-day-minimum lead time. Brasaemle suggested resolving all Planning Commission concerns in regard to Planning Case 538-98 at this meeting and vote on the issue at the next meeting. The Commission concurred unanimously. Ericson continued his report: Donatelle's is proposing improvements to the northeast part of their parking lot that fronts Highway 10. The parking lot will be repaved and upgraded with new curb and gutter. The access to Highway 10 will be removed and the southeast corner of the property will be paved. The effect of the proposed work will be to add ten parking stalls to the site and access to Highway 10 will be shifted to the Theater parking lot and its right-in/right-out turn lanes. The proposed work will also give Donatelle's cosmetic improvements, new curb and gutter, and better control of drainage on the site. The Rice Creek Watershed District has given the proposal its blessing. The entry into Donatelle's from County Road H-2 will be addressed when the road is reconstructed. Brasaemle expressed his concern that traffic from the theater may try to cut through Donatelle's parking lot to get to County Road H2, causing a safety hazard for the Donatelle's patrons. Jeff Weyek, representing Donatelle's, said that signage would be put in their parking lot to the effect that their parking lot entry was for "customers only." Wendell Smith, representing Anthony Properties, Inc., stated Donatelle's has access to their property (the Theater Project), but that the Theater site does not have access to the Donatelle site. "From a legal standpoint, if there was a problem, they would have the right to shut the access point down," Smith said. He also informed the Commission that he would not be able to attend the next Planning Commission meeting and asked if they would informally indicate their"leanings" as to this request. No Commissioners expressed any reasons which would warrant denial of the variance request. 5. Staff Reports/Information Items A. Discussion of City Remnant Parcel Jopke gave his report as follows: Mounds View Planning Commission November 18, 1998 Special Meeting Page 2 Ericson gave his report as follows: The Public Hearing notices for Planning Case No. 538-98 were not mailed out in time for residents living within 350 feet of the proposed project. Staff was recommending that the public hearing for Planning Case No. 538-98 be continued to the next Planning Commission meeting. The Case will be renoticed for the required 10-day-minimum lead time. Brasaemle suggested resolving all Planning Commission concerns in regard to Planning Case 538-98 at this meeting and vote on the issue at the next meeting. The Commission concurred unanimously. Ericson continued his report: Donatelle's is proposing improvements to the northeast part of their parking lot that fronts Highway 10. The parking lot will be repaved and upgraded with new curb and gutter. The access to Highway 10 will be removed and the southeast corner of the property will be paved. The effect of the proposed work will be to add ten parking stalls to the site and access to Highway 10 will be shifted to the Theater parking lot and its right-in/right-out turn lanes. The proposed work will also give Donatelle's cosmetic improvements, new curb and gutter, and better control of drainage on the site. The Rice Creek Watershed District has given the proposal its blessing. The entry into Donatelle's from County Road H-2 will be addressed when the road is reconstructed. Brasaemle expressed his concern that traffic from the theater may try to cut through Donatelle's parking lot to get to County Road 112, causing a safety hazard for the Donatelle's patrons. Jeff Weyek, representing Donatelle's, said that signage would be put in their parking lot to the effect that their parking lot entry was for "customers only." Wendell Smith, representing Anthony Properties, Inc., stated Donatelle's has access to their property (the Theater Project), but that the Theater site does not have access to the Donatelle site. "From a legal standpoint, if there was a problem, they would have the right to shut the access point down," Smith said. He also informed the Commission that he would not be able to attend the next Planning Commission meeting and asked if they would informally indicate their"leanings" as to this request. No Commissioners expressed any reasons which would warrant denial of the variance request. 5. Staff Reports/Information Items A. Discussion of City Remnant Parcel Jopke gave his report as follows: