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2000-08-08MINUTES - CITY COUNCIL - AUGUST 8, 2000 The City Council of the City of Mound, I-Iennepin County, Minnesota, met in regular session on Tuesday, August 8, 2000, at 7:30 p.m., in the Council Chambers at 5341 Mayw0od Road, in said City. Those present were: Acting Mayor Mark Hanus; Council Members: Andrea Ahrens, Bob Brown, and Leah Weycker. Absent and excused: Mayor Meisel. Also in attendance were City Attorney John Dean, City Manager Kandis Hanson, City Clerk Fran Clark, City Planner Loren Gordon, John Cameron, City Engineer, and Recording Secretary Diana Mestad. The following interested citizens were also present: Jo Longmire; Bruce and Patti Dodds; Amy Cicchese; Bill and Dorothy Netka; Lorrie Ham, The Laker; Peter Meyer; Thomas Walsh; Todd Warner; Jane Carlsen; Scott Picha; Jason Lawly; Bob Best; Ron Hiecmer, Rottlund Homes; Richard Palmitor, Rottlund Homes; Tim Whitten, Rottlund Homes; Bart Roeglin; Phil Mitchum; Tom and Amy Reese; Steve Wagner; Barb Robert; John Royer; Glenn Smith. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. OPEN MEETING - PLEDGE OF ALLEGIANCE Acting Mayor Hanus opened the meeting at 7:30 p.m. and welcomed the people in attendance. The pledge of allegiance was recited. APPROVE AGENDA AND CONSENT AGENDA The City Manager amended the Agenda to include her report as Item 4A. The City Clerk amended the Consent Agenda to include Resolution//00-74 as Item 3D and Resolution g00- 75 as item 3E. Council Member Ahrens removed Item C from the Consent Agenda for discussion. Council Member Weycker removed Item B from the Consent Agenda for discussion. MOTION by Brown, seconded by Ahrens, to approve the Agenda and Consent Agenda as amended above. The vote was unanimously in favor. Motion carried. 4-0. CONSENT AGENDA *1.0 APPROVE MINUTES: JULY 25, 2000, REGULAR MEETING. Brown, Ahrens, unanimously. 554 *1.1 MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 APPROVE #00-72 RESOLUTION ADOPTING ELECTION JUDGES AS RECOMMENDED FOR THE PRIMARY AND GENERAL ELECTIONS SEPTEMBER 12, 2000 & NOVEMBER 7, 2000. RESOLUTION//00-72 RESOLUTION ADOPTING ELECTION JUDGES AS RECOMMENDED FOR THE PRIMARY AND GENERAL ELECTIONS SEPTEMBER 12, 2000 & NOVEMBER 7, 2000. Brown, Ahrens, unanimously. · 1.2 APPROVE #00-73 RESOLUTION REAFFIRMING AUTHORIZING CITY SPONSERSHIP OF STATED GRANT-IN-AID SNOWMOBILE TRAIL FUNDS. RESOLUTION//00-73 RESOLUTION REAFFIRMING AUTHORIZING CITY SPONSERSHIP OF STATED GRANT-IN-AID SNOWMOBILE TRAIL FUNDS. Brown, Ahrens, unanimously. 1.3 PAYMENT OF BILLS. Council Member Weycker questioned the Depot repair bill being charged against the Park Dept. Budget. She thought that the rental monies for the Depot were being used to pay for Depot repairs. Acting Mayor Hanus asked what specifically Council Member Weycker wanted to do. Council Member Weycker stated that the bill should be paid, but she wished clarification on this in the future. The City Manager stated that it had originally been decided that this would be reviewed at budget time. MOTION, by Weycker, seconded by Brown to approve payment of the bills. The roll call vote was unanimously in favor. Motion carried. 4-0. 1.4 RESOLUTION OPPOSING WINE IN GROCERY STORES. Council Member Ahrens stated that there is a Bill proposed in the next legislative session in reference to this issue. She stated that she would like to discuss this, as she does not feel enough information has been given. Council Member Ahrens stated that on the surface it appeared that selling wine in grocery stores would hurt the municipal liquor store, but that she was not sure exactly what is being referred to as wine. Council Member Brown stated that this referred to all wines including spicy teas and wine coolers. He further stated that he felt this made the products too accessible. MOUND CITY COUNCIL MINUTES - AUGUST 8, 2000 Acting Mayor Hanus stated that he assumes that the proposed legislation would also look into prohibiting off sale when there is municipal liquor store in the city. The City Manager stated that the Liquor Store Manager could be invited to a future Council meeting to answer some of the questions. Acting Mayor Hanus stated that there was no hurry to decide this and the issue could be tabled. Council Member Ahrens stated that she wished to know exactly what the proposed Bill would include. MOTION, by Weycker, seconded by Ahrens, to table this matter. The vote was unanimously in favor. Motion carried. 4-0. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ABOUT SUBJECTS NOT ON TItE AGENDA. (PLEASE LIMIT TO 3 MINUTES PER SUBJECT.) There were no comments from the citizens present. 1.5 CITY MANAGER REPORT. The City Manager stated that she visited three parks that were open for the National Night Out, and that she felt this was a great opportunity to meet Mound citizens. The City Manager wished to inform the citizens that the City of Mound has three sirens located throughout the community. She stated that these are outdoor warning systems only and are not meant to penetrate homes that are closed up. She further stated that there are products available for purchase from electronic stores that will sound an alarm within the home and that citizens may wish to consider this option. The City Manager announced that the City of Mound is in the second cut position for receipt of a Livable Communities Grant. The means that the City is still in the running for a $900,000 grant to benefit the community. $400,000 of this grant would go to the downtown development relevant to transportation. 1.6 PUBLIC HEARING: CASE #00-38 BRISTOL CLASSICS CONDITIONAL USE PERMIT - 2642 COMMERCE BOULEVARD. The City Planner stated that the intention of the owner was to use this site as a point of sale and as a place to introduce customers to the wooden boat market. He stated that this facility would not be used for restoration, but would be used for sales. The City Planner stated that MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 Staff is excited to introduce the lake into the downtown with this business. He stated that Staff has a couple of issues noted in the resolution. In reference to these issues, the City Planner stated that one issue to be addressed is the gravel parking lot. Staff would like a hard surface, and the Planning Commission recommended an 18-month deadline to do this. In reference to the zoning issues, this district is a Blwith a 45-foot separation from the neighboring residential district and a variance has been included for this. The current hardcover is 90 percent and this issue is recognized in the Resolution. The City Planner stated that the general consensus is that this is a good business, but Staff does not want this to turn into a boat storage lot and so a 72-hour limitation on keeping a boat outside the building is recommended. Council Member Brown stated that the Planning Commission was concerned about boats being kept outside. He confirmed that these are expensive wooden boats and it would not be reasonable to leave them outside to be subjected to the weather. Council Member Brown stated that he likes the addition of this business to the City. Council Member Ahrens asked if a boat could actually be outside for 72 hours according to the proposal. The City Planner stated that yes, that would be possible and that the understanding was that a boat would be in the showroom and moved in and out of building. Council Member Ahrens stated that this is the first lake-oriented business in Mound and she is glad to see it. Todd Warner, Bristol Classics, Ltd., (Mahogany Bay) stated that he has lived in Mound since 1976. He is looking to expand his base on Lake Minnetonka. Mr. Warner showed the Council a conceptual sketch of the building. He stated that the interior has been demolished and they are working to get a building permit and occupy it in 90 days. Mr. Warner stated that he has 10 full time employees and 17 restorers in other shops. Council Member Brown spoke about the possibility of a cable TV program featuring Mr. Wamer's business that would originate in Mound. Mr. Warner stated that a TV pilot has been completed and if developed, the show would include traveling to areas around the country where antique boats are located. Acting Mayor Hanus opened the Public Hearing at 7:55 p.m. Kirby Alexson, Kirby's Bait, stated that he was concerned about the parking lot in front of his shop that is shared with the property owned by Mr. Warner. He stated that this area connects to the boat landing and is a convenience for his customers. He wondered if this shared area would continue. 557 MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 The City Planner stated that the curb is at the top of the rise and that is the access to the park. Acting Mayor Hanus confirmed that people driving through would be on both private lands. Mr. Alexson again asked whether he would continue to have access to the boat landing in this way. The City Planner stated that the idea was to have the access from the driveway to the boat landing without crossing Kirby's property. The City Planner further stated that there were no records of easements allowing cross movement. He also said that the idea was to get this firmed up in the future, and that this was not currently an ideal situation. Acting Mayor Hanus stated that this was more of a personal matter between the two property owners and they should work out an agreement. The City Planner suggested that because there is access on a public street to the landing, the City should stay out of this. If the owners desire to enter into access easements, the City could then support that decision. Council Member Brown asked Mr. Axelson whether he would consider blacktopping at the same time as Mr. Warner. Mr. Axelson stated that he is willing to look into this and discuss it with Mr. Warner. Mr. Axelson stated that there is limited parking at the adjoining park now and these parking lots are used for park events after closing time for the businesses and feels there may be need for No Parking signs. Acting Mayor Hanus asked if the intent was to stripe the surface of the parking lot. Mr. Warner stated that he had not yet given consideration to this. Acting Mayor Hanus pointed out that the striping would create a more efficient parking system. Mr. Warner stated that he is concerned about having a crisp and professional look to the business. Tom Reese, 5641 Bartlett, stated that he supports this project. He feels the hard surfacing requirement should be enforced for appearance and safety. He stated that he had been concerned about outside boat storage, but feels this question has been answered. Mr. Reese is concerned about outdoor lighting and would like to see some type of restrictions on this. Tom Walsh, 5770 Bartlett, stated that he is concerned about the proposed restrictions on parking boats outside and wonders if this will be enforceable. Acting Mayor Hanus stated that because this is a Conditional Use Permit, both the outdoor boat parking restrictions and the hard surfacing requirement would need to be met or the Permit could be pulled. Mr. Walsh asked for confirmation that there would be no boat repair on the premises. Mr. Walsh inquired about future businesses developed on the property. Acting Mayor Hanus stated that as long as the business conformed to the zone, it would not require an amendment. Mr. Walsh stated that he was concerned about a boat rental business. The City Attorney stated the he doubted that such a use would be conforming. 558 MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 Mr. Walsh wondered what the timeline for exterior improvements was. Council Member Ahrens stated that the Conditional Use Permit would not impact exterior improvements, as that would be a building permit process. Mr. Walsh wanted assurance that plans to improve the property would go forward. Acting Mayor Hanus asked if that ould be made a provision of the Conditional Use Permit. The City Attorney pointed out a Conditional Use Permit regulates the useof the property not the appearance. The City Planner stated that there was not a specific boat rental use laid out in the code, but his first impression was that if there were another use that is complimentary it could be regulated as a Conditional Use. Acting Mayor Hanus asked the City Planner if in his opinion, a boat rental business would require a Conditional Use Permit. The City Planner stated yes. Ken Custer, 5310 Bartlett, stated that he has done work for Mr. Warner and feels that he is a very neat person who will take good care of the property. Acting Mayor Hanus closed the Public Hearing at 8:10 p.m. The following resolution was moved by Brown, and seconded by Weycker: RESOLUTION #00-74 RESOLUTION TO APPRROVE A CONDITIONAL USE PERMIT AND VARIANCES FOR 2642 COMMERCE BLVD. FOR THE PURPOSES OF A BOAT AND MARINE SALES AND MERCHANDISE BUSINESS, UNPLATTED LAND, PID #23-11%24 14 0008, P & Z CASE #00-38 Dicussion: Acting Mayor Hanus offered an amendment to change lA to read as follows: "Require all sales or storage of any merchandise be located within the building and outside display or storage of any boats to be limited to 72 hours." Acting Mayor Hanus asked Mr. Warner what outdoor lighting was proposed in on the back or side of the building. Mr. Warner stated that security lighting would be a possibility, but no other lighting is in the plan at this time. Acting Mayor Hanus pointed out that there are codes on the books now regarding lighting. The City Planner stated that if a lighting plan was submitted, then Staff would review it, but there are currently standards in the code that can be used to control the lighting. The City Planner offered an amendment to change 1D to read as follows: "A building setback variance of 45 feet is granted from the residential district.' Council Member Ahrens offered an amendment to change "granted" to "recognized". 559 MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 Council Members Brown and Weycker agreed to accept the amendments. Mr. Warner asked for clarification on the wording. Acting Mayor Hanus read the amendments back and stated that what is being removed is redundant wording from the original resolution. Mr. Warner stated that he does not want to mislead the Council and that boats might be dropped off in the spring and fall at this site as a transfer station. Council Member Weycker stated that too many boats are a concern. Mr. Warner stated this would be used as a transfer station and not for storage. Acting Mayor Hanus asked what the number of boats at any one time would be. Mr. Warner stated that at the height of activity, the number of boats outside on the lot could be 3 or 4 parked to the side, with maybe 2 to 4 being launched at times. Acting Mayor Hanus stated that there was a concern that if there were 10 boats; it would look like a boat lot. Mr. Warner did not feel this would resemble a boat storage lot and emphasized that he wants a professional look to this site. Mr. Warner stated that he would not have room for more than four boats off to the side and, in any case, felt this would be an excessive amount of boats. Mr. Warner stated that he has a lot of storage space inside the building for the boats. The City Attorney stated that as the resolution is written, there is no limit on the number of bOats that could be outside and if a limit is desirable, it should be included in the resolution. The City Planner stated there were approximately 8 parking spots in the parking lot. The City Attorney asked how many spots were required. The City Planner stated that 8 are required. The City Attorney asked if there was additional storage space available on the lot. The City Planner said there was room on the north side of the building for storage. The City Planner stated that the Planning Commission also talked about designating an area for the boats. Council Member Brown stated there was discussion of limiting Mr. Warner to 2 boats outside at any one time. Mr. Warner stated that part of what has been talked about with the building plans is to be able to have a protective canopy that boats can sit under during the day for display. Acting Mayor Hanus suggested making this a one-year conditional use permit to determine what the number of boats really is and to discuss this issue in one year if there is a problem. Mr. Warner suggested seeing how the business operates through one full season. 560 MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 Acting Mayor Hanus asked about any problems with timing on this. The City Attorney said there was no problem, but did point out that the applicant will have a significant financial investment by the time of the second look making it more difficult to change at that point. Acting Mayor Hanus agreed with this, but did not want to place unnecessary restrictions on the business. Council Member Brown stated that at the Planning Commission, the neighbors were concerned about massive amounts of boats and he thought it was a good idea to let the neighbors see what happens for a period of time. Council Member Weycker stated that this could be worded so that if there were complaints, the issue could be revisited. Mr. Warner stated that he was uncomfortable with a conditional use with a time limit when he is investing in the property in good faith. The City Attorney asked the City Planner if there were general restrictions in that district for outside storage. The City Planner stated that currently the restriction was none, but there could be no open sales lots. Acting Mayor Hanus stated that he appreciates Mr. Warner's comments but wants him to understand that this is next to a residential area and he is asking for a variance to be closer to residents than the code allows. Mr. Warner suggested letting the neighbors decide, and further stated that he wishes to be a good neighbor and get along. Acting Mayor Hanus questioned whether if the Conditional Use Permit does not address this issue, is there authority to bring the Conditional Use Permit back. The City Attorney stated that if the conditional use permit does address these issues, and does not place a limitation on the number of boats, he would be concerned about bringing the CUP back. He also stated that conditional use permits move with the property and the right for outside storage will pass to the next owner of the same type of business. Council Member Weycker stated that this is not an issue of trust with the current applicant, but that the concern is that the property could change hands. Council Member Brown stated that the City does not want to see a marina on this spot. Council Member Weycker asked if parking requirements could be used to regulate this. The City Planner showed a drawing indicating the proposed parking spaces. Council Member Weycker called the question. 561 MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 Council Member Hanus restated the Motion including the amendments. Council Member Ahrens asked whether in the unlikely event boat storage becomes a problem, can the neighborhood be appeased? The City Attorney said if it is not a nuisance and is not violating off street requirements, there is nothing the City can do. The vote was unanimously in favor. Motion carried. 4-0. 1.8 DICUSSION/ACTION ON CASE//00-22 & 00-23: LANGDON BAY PUD AND STREET VACATION. The City Planner summarized the issues involved. He stated that the Wara project in Minnetrista is planned to have access out to Westedge with about 65 lots. Minnetrista is not moving forward until a resolution with the railroad is reached. The City Planner feels that Westedge should be able to handle the volume from the Langdon and Wara developments if it is improved. The City Planner stated that in reference to tree preservation, Staff likes the idea of working with the developer to establish grading limits. The idea is to look at the secondary area on the lots where the grade will not be impacted as substantially. Staff recommendation is for roping and staking of areas for preservation. The City Planner stated that the elevation at Westedge and Lynwood is an issue. He showed photos taken yesterday of this area and discussed trees that are within the right of way that would be lost to the grading. In reference to the questions about parks, the City Planner stated that Staff was asked to look at the contours of the land adjacent to the lake. Staff found this to be steeper than originally thought on one portion, but the remainder is relatively flat. The City Planner showed photos that indicated reed grass growing in the lowest spot. Staff questioned what the value of this lake piece would be if it was not accepted as parkland. The City Planner stated that staff feels this piece is a good one for the City to have as it protects the area between the railroad and the lake. If the parkland were to move, Staff suggests also looking at the trail arrangement. Council Member Brown stated that he liked using the sliver of land for benches and feels it is an important buffer. He further stated that he has looked at the property on Westedge and Lynwood and feels the property owner will loose a lot of land. Acting Mayor Hanus stated that this land was currently in the public fight of way and that no personal property would be lost. Council Member Weycker asked about the width of the road and whether it had to be at the stated width. The City Planner stated that this is a collector road and will carry more traffic 562 MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 and, therefore, needs more width. Staff is recommending that the road be 32 feet in width. The City Engineer confirmed this. Acting Mayor Hanus asked where thc dirt road runs in thc right of way. Thc City Engineer stated that no surveys had been done, but the right of way is 66 feet and he did not know where it hit the road. He felt it was fairly close to the center. Council Member Weycker asked if Minnetrista was aware of the proposal. The City Planner stated that there have been two meetings and a number of phone calls with the City of Minnetrista. They are aware that the road will be developed to an urban standard on the Mound side. Acting Mayor Hanus asked if the Council had more questions for Staff. There were none and the applicant was invited to come forward Tim Whitten, The Rottlund Company, stated that they are comfortable with the Resolution as written. In reference to Westedge Road, Rottlund is not comfortable with including the sidewalk along the Mound side. Rottlund does not feel there is a need for the sidewalk and is not willing to pay for it. Mr. Whitten feels the sidewalk will complicate the grading and drainage. He further stated that there is still an issue of permits for having the models open prior to completion of the streets and the use of temporary signage during the marketing period. In reference to the park area, they have looked at an alternative to the original proposal. The trail would remain as originally proposed with enlargement of the park to be graded and seeded. The area near the lake that is upland would be dedicated to the City. Rottlund is willing to grade that piece to make it more useable. The total amount of land proposed is 1.9 acres, which is .8 short. Rather than the gazebo originally proposed, Rottlund now proposes putting in a $30,000 play structure and $30,000 in cash to complete the park package obligation. Acting Mayor Hanus stated that one week ago he walked the property with Mayor Meisel with the specific intent of looking at the Lake Langdon area and its potential value to the City. They did not feel it would serve the city. To make an improved trail, it would be necessary to cut into a hill and would require retaining walls. Acting Mayor Hanus does feel the new proposed higher land would be a nice area for viewing the lake. He finds this new plan more palatable. Council Member Brown stated that he really likes the bigger property for the park with playground equipment and the land overlooking the lake. Council Member Weycker asked about who would retain ownership for the area left by the lake. Mr. Whitten said it would be the homeowner's association or the City could have the land if they wanted it. The City Attorney asked the City Planner if the City would benefit from ownership of the lower portion of the land. The City Planner stated it would probably be in the City's best MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 interest to have the land from a hardcover standpoint. The City Attorney pointed out that the Lake Langdon land would allow the City credit from the DNR for the watershed. Council Member Weycker stated that if a park was there, public access to the water should be there. Council Member Hanus felt that because the City had so much frontage on this lake, he did not feel a few more feet was an issue. Council Member Weycker felt that lakeshore was too valuable to the public to give any up. The City Manager stated she felt there could be some issues arising because of trespassing and garbage. Council Member Hanus stated that the delineation between the lands was a cliff. The City Manager asked what the maintenance issues would be and how the public would know where the private land began. Council Member Ahrens stated that signs were a possibility. Acting Mayor Hanus stated that he did not want the piece to count toward parkland, but otherwise he did not mind if the City kept it. Acting Mayor Hanus asked Rottlund if the land had value to them. Mr. Whitten stated it did not, and the City could have it at no cost. Council Member Brown asked for clarification on signage for the resolution. Acting Mayor Hanus stated it would be added as numbers 29 and 30 on page 3486. The City Planner stated that if all were in agreement this could be part of the Motion and the details put in the development contract and final plat. Acting Mayor Hanus stated that on p. 3432 bottom line "WHEREAS, impervious cover for the project .......... "is confusing. The City Planner stated this line should be struck. Acting Mayor Hanus stated that on p.3434 No. 2 referring to the development contract timeline is unclear as to what needs to be completed. The City Planner suggested changing the word "items" in this statement to public imrovements. Council Member Weycker stated that No. 26 on p 3436 needed work on the language. Acting Mayor Hanus asked how Council felt about the sidewalk requirement. Council Member Brown stated that he did not feel the sidewalk was necessary. Acting Mayor Hanus stated that he felt some day the sidewalks would be needed, but with the current situation, he could agree that the sidewalks not be done. Council Member Hanus asked if there was room if the current road was in the center of the right of way. The City Engineer said there was definitely room. Council Member Brown wanted to delete the sidewalk language. Council Member Ahrens agreed with this. Council Member Weycker asked how if the street would be striped and whether there would be a bike trial. The City Engineer said there would not be room for this stripe. MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 The City Planner stated that discussions at Staff level determined that the sidewalk is not an item that would be used now, but in the future it would be a heavily used connection to the future trial. Council Member Brown stated that he felt that he did not want the Mound citizens to pay more if Minnetrista was not contributing. The City Attorney stated that everyone agrees the sidewalk is going in before needed, but that is because there is a funding source now that will not be there in the future. He suggested that there could be a provision put in to escrow money to do this in the future and to return the funds if the sidewalk was not installed in a certain time period. Mr. Whitten stated that Rottlund did not want to pay for the sidewalk. The City Manager asked what was happening with the trail on the east side. Mr. Whitten stated that this was staying and Rottlund was paying for it. Council Member Weycker pointed out that this trail could be used for walking or biking. Acting Mayor Hanus agreed that help to pay does exist today, but that the road is far more expensive and of more concern. Acting Mayor Hanus stated that on p. 3435 No. 19 the word "required" should be moved before "permits." Council Member Weycker asked about the radius turn from the fire department that is requested at 75 feet. The City Engineer feels this is way off. The City Engineer stated that he wants his June 26 engineering report referred to in the Resolution as this includes points that are not listed otherwise. Acting Mayor Hanus asked how to incorporate the new land proposal in the Resolution. The City Planner suggested accepting the overhead as an exhibit. The City Attorney suggested that on p. 3434, Items 5 and 6 after "Westedge Blvd.' add the following language: "such agreement shall be negotiated prior to final plat approval." Mr. Whitten asked if the final plat might be held up in relationship to needing an agreement with Minnetrista. The City Attorney said yes, because the project is moving into a different city, they could hold this up. The City Attorney stated that this brought up the issue as to whether to let this development go forward with the possibility that the road may never be improved. Council Member Ahrens asked if this would include the watermain. The City Engineer stated that Rottlund's obligation for the watermain extended to the border and the City's obligation starts after that. He is recommending that this be extended, and that this will be in Minnetrista. The City Engineer is unsure if there would need to be an easement, but he felt the project could not be done without the watermain looping. It is the City Engineer's opinion that Minnetrista could hold this project up. MOUND CITY COUNCIL MINUTES - AUGUST 8, 2000 Mr. Whitten stated Rottlund is committed to paying the funds for the watermain looping. The City Engineer stated that the proposed loop is necessary to maintain firefighting capabilities and water pressure. Council Member Brown asked about directional drilling and if they could they go straight ahead. Acting Mayor Hanus stated he thought this would require an easement from the railroad. The City Attorney suggested a condition for final plat approval to be resolution of the water- main issue in order to allow time to work on this. The City Manager stated that her meeting with the Minnetrista developer has indicated his willingness to work together on the watermain issue. The City Attorney stated that in terms of language on page 3434 No. 5, that as long as the cost is secured, the City is not prepared to require the road to be constructed prior to final platting. Council Member Ahrens asked what would guarantee that the City is in possession of the funds. The City Attorney said this would be in the development contract. The City Manager clarified that the road was a City project and the City Planner confirmed this. Acting Mayor Hanus asked if Council was clear on the City Attorney's changes. The Council agreed that they were. Council Member Brown confirmed that the sidewalk language was being removed and this was agreed to by Council. Acting Mayor Hanus stated that a public hearing was already held on this issue and was closed. He stated that he would allow people to bring new information forward, but asked that it be kept to a minute or two. The City Manager stated that should the project be assessed, there would be another public heating held at that time. Acting Mayor Hanus confirmed that the assessed portion would be one-quarter. The City Engineer stated that the City and county would also contribute to this cost and this would be discussed at the public hearings. Bart Roeglin, 2260 Westedge, asked how the land being offered near the lake would be accessed, as this was private property. Acting Mayor Hanus stated that this is currently being worked on in terms of a vacation from the railroad and that there is access from the south. Mr. Roeglin stated that this area was fenced, but Acting Mayor Hanus stated he had recently walked through there. MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 Joe Nepstanek, 6550 Woodedge, Minnetrista, wanted confirmation that if Westedge were not developed, the development would still be allowed. Acting Mayor I-Ianus said no, if permits could not be achieved from Minnetrista, money will be provided by the City to do on its own. Mr. Nepstanek stated that he has asked Minnetrista about Mound improving Westedge and they said they would not mind. Mr. Nepstanek also asked about the Watershed. The City Attorney stated that would be part of the permit process. Mary Sells, 2218 Westedge, asked why there has been no survey of the road elevations. She stated that she received her house permit one year ago and there was no discussion held at that time about the development of Westedge. She feels that she is suffering a loss. Ms. Sells is concerned about letting this project begin without resolution of the road issue. She suggested there be consideration of making Westedge a one-way street. Acting Mayor Hanus stated that a one-way street would not be a reasonable option. Acting Mayor Hanus stated that as far as the elevation is concerned, he does not feel the road will need to be raised very much. Council Member Weycker asked where in the Resolution the tree preservation language was contained. The City Planner stated item 17 contained that language. MOTION, by Brown, seconded by Ahrens, to accept and go forward with the resolution granting preliminary plat approval with all the noted changes in Numbers 4, 5, 6, 26, 29, 30, and 31 (the City Engineer's Report) and to include the parkland overhead as exhibit B. The vote was unanimously in favor. Motion carried. 4-0. Brown moved and Ahrens seconded the following resolution: RESOLUTION//00-75 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF MOUND GRANTING PRELIMINARY PLAT APPROVAL, FOR A PLANNED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, LOT AND STREET DESIGN VARIANCES, FOR LANGDON BAY RESIDENTIAL DEVELOPMENT, P&Z CASE//00-22 AND 00-23 The vote was 4 in favor. Motion carried. Acting Mayor Hanus called a break at 10:05 p.m. Acting Mayor Hanus reconvened the meeting at 10:15 p.m. 1.8 NOTICE REGARDING BEARD GROUP, INC. FINAL DEVELOPMENT AGREEMENT. Acting Mayor Hanus summarized the discussion that had taken place at the HRA meeting earlier. He stated that the Beard Group has looked at the numbers and determined that they cannot make the final numbers work and have sent the City a letter of regret. The City would like to continue working with the Beard Group, but will also be opening this up to MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 other developers. Acting Mayor Hanus wished to stress that this is not that big of deal and often happens in these types of projects. He hopes that the delay will only be 4-6 months. Acting Mayor Hanus stated that because of the Beard Group's withdrawal, there are now no developer agreements anywhere in Mound with the exception of the hardware store site. He stated that it is the development agreement that places the restriction on the TIF. Now that there is no agreement, TIF is opened up. Acting Mayor Hanus wished to make clear that if some business owners would like to develop their own property, this is now a possibility and that interested parties should make proposals to the City. The designs will still need to fit the Visions plan. He wished to caution people that TIF money is not guaranteed to be made available. Also, Acting Mayor Hanus wished to make clear that at this time, persons with a better plan idea should also come forward. Timing is short on this window of opportunity for both of these options. Steve Wagner, 5440 Morningview Ct., Minnetrista, asked whether it was likely the Beard Group would come back with a revised smaller project. Acting Mayor Hanus stated that Staff would be discussing other options with them, but a new proposal is not guaranteed. Council Member Ahrens added that the City Attorney did point out that during the discussions with the Beard Group, they did look at downsizing the project and did not feel it was feasible. Acting Mayor Hanus stressed that businesses should continue to plan for the redevelopment. 1.9 DISCUSSION/ACTION ON RESOLUTION TO INCREASE HENNEP1N COUNTY SHERIFF'S WATER PATROL PRESENCE ON LAKE MINNETONKA. Council Member Brown stepped down as he had a personal conflict with this issue. The City Manager stated that there is a concern about the amount of activity on Lake Minnetonka specifically with items connected to Big Island. Acting Mayor Hanus discussed the number of charter boats and the drinking in connection with that. He stated that the LMCD gives the licenses and the liquor licenses for the charter boats and should control this. Council Member Ahrens asked whether when the LMCD grants the licenses, could they put on surcharges to fund extra law enforcement. Council Member Hanus stated there is a need for licensed deputies because of the recent lawsuit taking away the LCMD authority. He feels that this is a regional lake and much of the problem at Big Island is brought by the people from outside the area. Acting Mayor Hanus feels this is a county problem. MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 Council Member Weycker stated that the LMCD should look into the issue of special event permits. She also stated that she agrees with the points in Acting Mayor I-Ianus' summary of this issue. Acting Mayor Hanus stated that he feels the City of Mound is currently paying more than its share to the LMCD. He stated that he wants the other cities affected by this to see his points to allow more discussion on these issues. Council Member Ahrens stated that the layout of the funding includes 1/3 by the LMCD and they would need to cut something else to do this. Council Member Weycker asked about the private funding issue. Council Member Ahrens stated that there is some public wanting to get a group together to oppose the charter boats and those people will be asked to do some fund raising. Council Member Weycker stated that she was not opposed to additional patrols, but felt the LMCD needed to find a different way to pay for it. The City Manager stated that two people could be hired, but it was possible they would not be dedicated to the lake and could be spread to other lakes in the county. Council Member Ahrens asked Bob Brown what types of enforcement special deputies were allowed to do. Mr. Brown stated that special deputies could not administer a Breathalyzer test, but could stop boat from going full speed through a channel. Council Member Ahrens pointed out that licensed deputies could be used for the issues determined by the courts and volunteer deputies could do the other duties. Acting Mayor Hanus stated that lake cities are mandated to add more trailer parking and accesses to the lakes and this adds more people from outside and is a regional problem. Acting Mayor Hanus asked whether Council would agree to have the City Manager use his sample letter as a draft. Council Member Ahrens stated that she would like the Mayor's input. The City Manager stated there is a time limit of August 15 on this. Council Member Weycker felt that from the discussion, Staff would have a good idea of what Council's opinion was. The City Manager asked if there was anything that Council did not want included in the draft proposal. Council Member Weycker felt the letter was too harsh in tone. Acting Mayor Hanus agreed that the City Manager could rework the language. Council agreed that they would individually call the City Manager no later than Wednesday afternoon with any suggestions on the draft. MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 Council Member Ahrens wished to inform Council that the LMCD does have the authority to exceed their levy maximum with 10 votes from the 14 cities. She felt it was important to send this letter to the other cities. MOTION, by Ahrens, seconded by Weycker, to direct Staff to draft a letter to the LMCD. The vote was unanimously in favor. Motion carried. 3-0. Council Member Brown returned at this time. 1.10 DISCUSSION/ACTION ON COUNCIL SPONSORSHIP OF APPRECIATION EVENT FOR BOARDS AND COMMISSIONS. The City Manager stated that a Boards andCommissions appreciation event was needed. October is suggested as the next feasible date. Staff is suggesting holding the event at the Depot in Mound Bay Pak.. There is a plan to award people with a document for years of service and have photos in The Laker. Staff would like Council to sponsor this event. Council Member Hanus stated this was similar to the holiday party usually held and wondered if the two should be incorporated. The City Manager felt there would not be another event for Staff this year unless it was in January. Council felt this was a good idea. It was suggested to t~ October 3 as the date for this. Council Member Ahrens needed to double check her schedule and get back to the City Manager, but felt that picking the 3rd or the 5th would allow her to work this out. the final date will be. INFORMATION/MISCELLANEOUS B. C. D. E. F. G. The City Manager will let everyone know when AMM fax news. The Ehlers Advisor. Suburban Rate Authority Minutes: July 19, 2000. Planning Commision Minutes: July 10, 2000. Economic Development Commission Minutes: July 20, 2000 Regular Meeting. Edc July 27, 2000 Workshop. Mound Police Department Monthly Report: July 2000. MOUND CITY COUNCIL MINUTES - AUGUST 8~ 2000 ADJOURNMENT: MOTION by Brown, seconded by Ahrens, to adjourn the meeting at 10:50 p.m. The vote was unanimously in favor. Motion carried. 4-0. Kandis Hanson, City Manager Attest: City Clerk 571 MOUND CITY COUNCIL MINUTES - AUGUST 8, 2000 THIS PAGE LEFT BLANK INTENTIONALLY. 572 I'AYMI~NT BILLS I)ATE: AUGUST 8, 2000 BII&S ACCOUNTS PAYABLE BATCIt # #0072 #0073 #0074 AMOUNT $ 570.23 $174,324.01 $169,963.76 TOTAL BILLS $344,858.00