Loading...
1998-06-23MINUTES - MOUND CITY COUNCIL - JUNE 23, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Tuesday, June 23, 1998, at 6:00 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, and Leah Weycker. Councilmember Liz Jensen was absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., Attorney Karen Cole. The Mayor opened the Special Meeting. EXECUTIVE SESSION; WOODLAND POINT LITIGATION. Attorney Karen Cole explained that the Council will be meeting in Executive Session to discuss some proposals in the Woodland Point Litigation which are protected by the attorney/client privilege so the meeting can and should be closed. The Council then moved into Executive Session to discuss the Woodland Point Litigation. Councilmember Weycker did not participate in the Executive Session. The Council returned from Executive Session at 7:30 P.M. The City Attorney explained that the City Council just concluded a special Executive Session. The purpose was for the City Attorney and the attorney representing the City, appointed by the League of Minnesota Cities, to update the City Council on the status of litigation and to receive input from the City Council concerning the approaches for the City to take in the effort to settle and resolve the Woodland Point litigation. The information received from the City Council will be taken back and presented to the other parties in the litigation. MOTION made by Ahrens, seconded by Hanus to adjourn the Special Meeting at 7:30 P.M. The vote was unanimously in favor. Motion carried. The Mayor called the Regular Meeting to order at 7:30 P.M. and welcomed the people in attendance. The Pledge of Allegiance was recited. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, and Leah Weycker. Councilmember Liz Jensen was absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Planner Loren Gordon, Cable Attorney Brian Grogan, City Clerk Fran Clark and the following interested citizens: Glenna Loken, Michaela Diercks, Audri Schwarz, David Moore, Becky Glister, Frank Weiland, Melvin Benjaminson, Dina Etherington, Don Pedersen, Ralph & Kris Bauer, Ben Renteria, Nancy & David Piela, Mark Goldberg, John & Pat Tombers, Martin & Jennifer Garden, Christine Mayer, Donna & James Geisler, Ron Christensen, Tom Bordwell, Paul Pecora, Jane 294 MOUND CITY COUNCIL MINUTES- JUNE 23, 1998 Bremer, Jim Smith, Karl Gruhn, Jaci & Victor Sacco, Jared Smith, Jan DenBeste, Carry Cable, Pam Amidon, and Margaret & Bob Hanson. *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 Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. Councilmember Hanus asked that the following be removed from the Consent Agenda: Case 98-35; Case 98-37; the Comprehensive Plan Contract; and the Stormwater Management Contract. Mayor Polston asked the have Case 98-34 be removed. Councilmember Hanus asked to add an item to the end of the Regular Agenda. It is a request from the Planning Commission for direction on an item. The Mayor asked that the Minutes from the June 9, 1998, Regular Meeting be corrected to reflect that Councilmember Jensen was present. The City Clerk noted the Case g98-36 was tabled at the Planning Commission and should be removed from the Agenda. *CONSENT AGF_aNDA MOTION made by Weycker, seconded by Hanus to approve the Consent Agenda as amended above. A roll call vote was unanimously in favor. Motion carried. *1.0 APPROVE THE MINUT~ OF THE JUNE 9, 1998, MOTION Weycker, Hanus, unanimously. REGULAR MEETING. *1.1 APPROVE THE MINUTES OF THE JUNE 16, 1998 COMMITTEE OF THE WHOLE MEETING. MOTION Weycker, Hanus, unanimously. 295 '1.2 MOUND CITY COUNCIL MINUTES - JUNE 23, 1998 CASE 98-33: VARIANCE, FRONT, SIDE ~ LAKESHORE SETBACK$~ LOT SIZE, HARDCOVER, PETER LIUPAKKA, 1920 LAKESIDE LANE, LOT 11, BLOCK 11, SHADYWOOD POINT, PID #18-117-23 23 0057. RESOLUTION #98-65 RESOLUTION TO APPROVE VARIANCES FOR FRONT AND SIDE YARD SETBACKS, LOT SIZE AND STREET FRONTAGE IN ORDER TO ALLOW FOR REPLACEMENT OF AN EXISTING DECK AT 1920 LAKESIDE LANE, LOT 11, BLOCK 11, SHADYWOOD POINT, PID #18-117-23 23 0057, P & Z CASE//98-33 Weycker,Hanus, unanimously. '1.3 APPROVAL QF TREE LICENSES AND CIGARETTE LICENSES, MOTION Weycker,Hanus, unanimously. '1.4 PAYMENT OF BILLS. MOTION Weycker,Hanus, unanimously. 1.5 CASE 98-34: VARIANCE, LOT FRONTAGE. STEPHEN & ELIZABETH KAKOS, XXXX WALNUT ROAD. LOT 2 & AD.I. VAC ST. BLOCK 4. MOUND TERRACE, PlD//14-117-24 32 0025. The Mayor stated that in the Planning Commission Minutes of June 8, 1998, the following was discussed. "The nearest water service would come from the hydrant on the south side of the improved street. The owner would need to extend a private water line to the property." The Mayor asked how far away the hydrant is and how long the service line is going to be? The Mayor then stated that it is his understanding that there are already water pressure problems in the area. He then asked if water and sewer assessments have been paid on this parcel and if we are going to extend water and sewer in a private drive, shouldn't we be looking at an extension of the street and utilities to provide adequate fire protection service and collect the assessments that may be due the City? The City Planner stated that water pressure was a concern of the City Engineer. He reviewed the City Engineer's report dated June 1, 1998. The City watermain terminates at a hydrant located on the lot line between Lots 4 and 5. Ideally, the watermain should be extended for much the same reasons as the street. However, if only one service or possibly two are required, they could be run from the end of the watermain. If the distance from the main to the home is too far, the size of the service should be increased from 1-inch to 1-1.2-inch. Staff will need to check on whether water and sewer assessments have been paid or need to be paid. The assessment question is addressed in the proposed resolution and would be resolved before a building permit was issued. The Council also discussed having the benefiting property pay a storm sewer assessment. There also might be future street assessments if the street needed 296 MOUND CITY COUNCIL MINUTES- JUNE 23, 1998 to be improved. The Council then asked about condition 1.f. which reads as follows: "The City Fire Marshal review the proposal and give his report to the Council." The Planner stated we have not yet received a report from the Fire Marshal. The Council asked that a test be done to make sure there is enough water pressure to fight a fire in this area. Councilmember Hanus stated this was supposed to be done before the Council had to act on this item. The City Attorney suggested that the language be changed to read 1.f. "No building permits shall be issued for improvements on the property until the Fire Marshal is satisfied that there is sufficient water pressure to fight a fire." The Council also asked that no building permits be issued until the assessment questions are answered. Ahrens moved and Polston seconded the following resolution with the above conditions included. RESOLUTION/D8-66 RESOLUTION TO APPROVE A LOT FRONTAGE VARIANCE ON AN UNIMPROVED STREET, LOT 2, BLOCK 4, MOUND TERRACE, PID #14-11%24 32 0025, P & Z CASE $98-34 The vote was unanimously in favor. Motion carried. 1.6 CASE 98-~5; VARIANCE. SIDE YARD SETBACK. LOT SIZE, MARK & STACEY GOLDBERG. 4853 ISLAND VIEW DRIVE, LOT 4, BLOCK 14, DEVON PD //25-117-24 11 0037. Councilmember Hanus stated that there is one error in the proposed resolution that was handed out tonight. In the 4th Whereas, the last sentence should read as follows: "A 6 4' side yard is required resulting in a variance of 3 feet." Hanus moved and Ahrens seconded the following resolution with the correction: RESOLUTION #98-67 RESOLUTION TO APPROVE FRONT YARD, SIDE YARD, LAKESIDE, HARDCOVER AND LOT AREA VARIANCES IN ORDER TO ALLOW FOR CONSTRUCTION OF A CONFORMING LAKESIDE DECK, 4853 ISLAND VIEW DRIVE, LOT 4, BLOCK 14, DEVON, PID #25-117-24 110037, P & Z CASE//98-35 The vote was unanimously in favor. Motion carried. 1.7 CASE 98-36: VARIANCE, FRONT YARD AND SIDE YARD SETBACKS, BRADLEY NORDGREN, 5661 BARTLETT BLVD. SECTION 23, PID #23-117-24 14 0004, This item was tabled at the Planning Commission. No action was taken on this item. 297 MOUND CITY COUNCIL MINUTES - JUNE 23, 1998 The Mayor stated that the rules of the public hearing are that we treat each other with reset at all times. Address all comments to thc Chair. There will be no one on one arguing. The Mayor opencxl the public hearing. Jan DenBeste. 5212 Lvnwood Blvd. stated she was at the May 26th Meeting and Triax has still not rectified the problem of placing a cable on her property without permission. She stated she is not a cable subscriber. She asked what recourse there is for her when something like this happens? She is against a 15 year franchise because she doesn't see any incentive for Triax to satisfy customer complaints. Mr. Grogan stated that in Section 3.10, there is a provision that would allow the City to draw fines from the Security Fund, for their breach of a provision in the Franchise. That would be between the City and Triax. The Agreement does not flow in the direction of the homeowner. Ralph Bauer. 1774 Heron Lane asked if there is any provision in the agreement to allow cable modems or is there a date when cable modem service will be available? He offered to consult with the City on this at no cost to the City. Mr. Grogan stated the upgrade requirement is for a 750 MHz system which means they will have all the capacity to provide cable modems but the City cannot mandate cable modem provisions because it is not clear under Federal Law whether a cable modem is a cable service or a telecommunication service. The Federal Law says that we cannot condition a cable franchise on the provision of a telecommunication service. He stated this will be driven by the market. Mr. Bauer stated he has called Triax main headquarters in Texas and inquired about cable modems and was told there were no plans at this time. Mr. Bauer also asked about high definition television (HD T-V) and if this proposal covers this? Mr. Bauer then expressed concern about granting a 15 year franchise. Mr. Grogan explained that there are provisions in the Franchise for periodic evaluation, review and modification. He further stated the franchise requires a 750 MHz rebuild which would give the possibility of 110 analog channels at about 6 MHz a piece. It is contemplated that they will have about 79 to 80 of those channels for cable T.V. and the remainder reserved for some future applications such as some of the ones mentioned tonight. The issue of HD-T.V. is going to be driven by FCC regulations. Paul Peeora, Regional Manager for Triax stated that Ms. DenBeste has been more than patient with them in getting her situation resolved. The situation will be resolved within the next couple of days. Mr. Pecora stated that with the upgrade, will come the opportunity to provide alternative services, such as cable modems. The Mayor closed the public heating. The Council encouraged Triax to improve their customer service. Mr. Pecora stated Triax will continue to work on their customer service. 300 MOUND CITY COUNCIL MINUTES - JUNE 23, 1998 APPROVE CABLE FRANCHISE AND AUTHORIZE MAYOR AND CITY MANAGER TO EXECUTE, Mr. Grogan stated that there are a few minor changes that need to be made in the Franchise and that will be done before the Agreement is executed. Weycker moved and Hanus seconded the following resolution: ~LUTION g98-70 RESOLUTION TO APPROVE THE WITH TRIAX CABLEVISION AND MAYOR AND CITY MANAGER FRANCHISE AGREEIVIENT The vote was unanimously in favor. CABLE FRANCHISE AUTHORIZES THE TO EXECUTE THE The vote was unanimously in favor. Motion carded. 1.12 ORDINANCE g98-199~ - AN ORDINANCE AMENDING CHAPTER 17-A OF THE CITY CODE fAPPENDIX G} ENTITLED CABLE TELEVISION REGULATORY ORDINANCE. Mr. Grogan stated that there are a few minor changes that need to be made in the Ordinance and that will be done before the ordinance is published. Hanus moved and Ahrens seconded the following: ORDINANCE//99-1998 AN ORDINANCE AMENDING CHAPTER 17-A OF THE CITY CODE (APPENDIX G) ENTITLED CABLE TELEVISION REGULATORY ORDINANCE Motion carried. PUBLIC HEARING; 1.13 CASE 95-26; CONDITIONAL USE PERMIT, MOTOR FUEL STATION LOCATED WITHIN THE B-2 ZONING DISTRICT, & CASE 98-27; VARIANCE, HARDCOVER, JAMES SMITH/JAMES KOVACH. 1730 COMMERCE BLVD,, PART OF LOT 27, LAFAYETTE PARK, PID #13-117-24 22 0025, The Mayor stated that there is a person who would like to make a presentation before the public heating and prior to the applicant's presentation. Martin Garden. 1760 Commerce Blvd. stated that there is one house between his townhouse and the proposed site. He stated that Amoco must demonstrate why the City should grant the variances. They specifically requested variances for items such as, driveway access width, hardcover and signage. Mr. Garden pointed out that it is their position that the undue hardship standard for a variance, to increase the width of the driveway access to 40 feet, is not necessary because Amoco can still make reasonable use of the property without it. He then referred to a Minnesota Supreme Court case of Sun Oil Co. versus the Village of New Hope, which dealt with the an existing gas station that was already part of a zoned area and Sun Oil wished to put another gas station there. The Supreme Court said that even though 301 1.8 MOUND C177[ COUNCIL MINUTES - JUNE 23, 1998 ~A~;E 98-37: VARIANCE. LAKESIDE SETBACK. AI, JDRI ~;~HWARZt ~21 BARTLETT BLVD. SECTION 23.'PID #23-117-24 14 0002, Councilmcmbcr Hanus explained that this was before thc Planning Commission last night and after several motions, they voted 5-2 to recommend denial. The only nonconformance in this proposal is a 5' x 6' shed that is too close to the lake. I-Ie reported that the Planning Commission did discuss this in detail. HanUs felt it is better where it is than perched up on the bluff with no screening. It is not fully screened, but is an earth-tone color and on a concrete slab. He stated others have been allowed to remain. Hanus stated this is what the add-on to the agenda is about. Is the current code too restrictive on the lock box issue? Hanus stated he is in favor of approving this case. Ahrens agreed and also pointed out that this shed probably didn't require a building permit when it was built because that was prior to the Shoreland Management Ordinance. She stated she is in favor of allowing the shed to continue to exist until its life has expired. Weycker stated that reCently there was discussion about not applying a status to this type of structure and requiring a variance. The City Attorney stated that that discussion and suggestion did not go anywhere. MOTION made by Hanus, seconded by Ahrens directing Staff to prepare a resolution of approval and bring it back to the July 14, 1998 Meeting for approval. The resolution to include the following findings: 1) 2) 3) 4) The color of the shed is a neutral color. The shed is partially screened. Applicant will provide more screening. The shed is located on a slab and appears to be in sound condition. The shed would be much more visible if the shed were to be moved where screening would not be required. At the time the shed was constructed, it was lawfully built. The vote was unanimously in favor. Motion carried. 1.9 GROUP, INC, Hanus asked for a total price. The City Manager stated it will be, not to exceed $15,500.00. Ahrens moved and Weycker seconded the following resolution: RESOLUTION//98-68 APPROVAL OF COMPREHENSIVE PLAN CONTRACT WITH HOISINGTON KOEGLER The vote was unanimously in favor. RESOLUTION TO APPROVE A CONTRACT WITH HOISINGTON KOEGLER TO UPDATE THE COMPREHENSIVE PLAN AT A COST NOT TO EXCEED $15,500 AND AUTHORIZING EXECUTION OF THE CONTRACT Motion carried. 298 2~ 1.10 MOUND CITY COUNCIL MINUTES- JUNE 23, 1998 APPROVAL OF STORMWATER MANAGEMENT pLAN PROPOSAL FROM COMBS FRANK ROOS & ASSOCIATES. The City Manager stated this proposal is not to exceed $39,800.00. Hanus moved and Ahrens seconded the following resolution: RESOLUTION ~98-69 The vote was unanimously in favor. MC RESOLUTION TO APPROVE A PROPOSAL WITH MC COMBS FRANK ROOS ASSOCIATES, INC. TO PREPARE A STORMWATER MANAGEMENT PLAN FOR THE CITY OF MOUND AT A COST NOT TO EXCEED $39,800.00 Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT, There were none. 1.11 PUBLIC HEARING: CABLE TV FRANCHISE RENEWAL The City Manager explained that this came before the Council on May 26th and the Council asked that a public hearing be held on the Franchise Agreement and the Regulatory Ordinance. The City Manager introduced the City's Cable Attorney, Brian Grogan who reported that all 3 of the other cities (Wayzata, Waconia and Chanhassen) have now adopted the Franchise Agreement with Triax Cablevision and the regulatory ordinance. They are in the process of receiving acceptance from Triax. The general operating standards for each cable operator are contained in the regulatory ordinance. The Franchise Agreement governs the unique relationship between the City and Triax and serves essentially as a contract between the City and Triax. It also deals with the system upgrade, service to public facilities, support for the local public programming, and other related issues. Councilmember Hanus stated that there are a number of areas in the Agreement that talk about what Triax is willing to provide, i.e., 80 channels by a date certain; there are indications of surveys; and handling complaints in certain ways. Hanus asked what provisions are in the Agreement that will guarantee that those items are preformed on those dates and what kind of restitution is allowed if these items are not performed? Mr. Grogan stated there are several different areas. First, there is a security fund in the document that can be drawn on for Triax's failure to perform under the contract. There is also a construction bond requirement for the actual system upgrade. In terms of ongoing compliance when construction is finished, there is a procedure section for revocation and termination of the franchise if Triax fails to comply with the material terms. The Council asked who would be contacted if a subscriber wanted to file some type of a grievance under that section? Mr. Grogan explained that the contract is governed by the City so a subscriber would have to approach City Staff and bring it before the Council so the Council could take action on the Franchise. He pointed out that subscribers have their own contract with Triax when they chose to have service with Triax. If they have a dispute with Triax, they should contact Triax. If they need further action, then they would come to the City. The Mayor asked if Triax would like to say anything before he opens the public hearing. Their response was, no. MOUND CITY COUNCIL MINUTES - JUNE 23, 1998, there is a station already there, like PDQ across the street, that was no reason to permit another gas station even though the property was zoned for limited business use. The court indicated that there were other appropriate uses for that property, such as an office building or a medical clinic, or dental clinic. He stated that they are not against the fact that this piece of property is zoned commercial and can be used for a commercial use but, believe that it would be an inappropriate use as a gas station. He stated that the Council has an obligation to balance the interests of Amoco with those of the residents. Mr. Garden stated Amoco's request for a hardcover variance should be denied because that is going, to have adverse impact on the environment. He stated Amoco's proposal' exceeds the ordinance hardcover limits by 34 % to 49 %, depending upon which figure is used to determine Amoco's total property area. He asked that Amoco be required to show that the increased hardcover does not have an adverse impact on the environment. Mr. Garden stated that at the Planning CommissionMeeting, there was some discussion about signage but, there was no guarantee and no approval by Amoco that they would go along with the smaller signage. He wanted Amoco to show that a larger sign will not endanger the neighbors right to enjoy theft residential property. Mr. Garden stated there was some discussion about glare and other lighting but, there was nothing in particular that would nail it down to something that would not harm the residents. Mr. Garden stated that another issue that was not raised before the Planning Commission, was that the City and Amoco, have an obligation to meet State and City shoreland management responsibilities. He stated that it is his understanding that under Minnesota Statute 103f205, the regulations define shoreland as the land located within 1,000 feet of the ordinary high level water mark. He stated the proposed site is roughly 125 yards or approximately 375 feet from that so called high water mark of Lake Minnetonka. This station being within the 1,000 feet should be sufficient for the City to limit or at least deny the permit and as far as Mr. Garden knew there was no attempt, by Amoco, to seek a variance on that issue. Mr. Garden went on to say that 3 sets of townhouses have been built since the other gas stations went out of business, but if a station had existed, some of the people would not have bought townhouses in this area. He admitted that he and others should have been on notice that the property was zoned commercial. Mr. Garden pointed out another issue with respect to shoreland management and environmental objections. Since 1987, the MPCA has ordered the removal of 23,000 underground and above ground fuel tanks because of standards exceeding pollution. He pointed out that the MPCA presently has 12,000 leak sites State wide. He claimed that corrosion and leakage of underground fuel tanks depends in large part on the matter of how the soil is made up. He questioned how much underground and water pollution already exists from past gas stations on that site. He cited an April 5, 1994 planning report, and in that planning report, when this site was being considered for the Westonka Intervention Project's, battered woman's shelter, it was reported that fuel tanks were removed in 1990 and 700 cubic yards of contaminated soil was excavated and removed from this proposed Amoco site. He stated there was no indication in the file that the MPCA has yet issued a letter that clears the proposed Amoco site of all contamination. He then recommended and suggested that the soils should be tested, the extent of underground existing water pollution be determined, and that, before approving Amoco's application for a Conditional Use Permit, the City should require Amoco, pursuant to Minnesota Rules 44110-1000 to complete an 302 MOUND CITY COUNCIL MINUTES - JUNE 25, 1998 Environmental Assessment Worksheet (EAW) to evaluate the potential of a gas station operation for significant environmental affects. He stated that at the Planning Commission on June 8th he was surprised that there had been no traffic report or survey done with respect to this application. He stated that the traffic pattern may well affect the residents ability for ingress and egress from the townhouses because cars will be backed up. He then talked about the traffic light at the corner of Three Points Blvd. and County Road 110. Mr. Garden stated that there is going to be increased traffic which will be a major annoyance. He complained that it will be a 24 hour station with people getting out of their cars, opening the doors, slamming the doors, and talking in a voice that will be totally heard within that neighborhood. He stated he could present expert testimony, if given the opportunity, to really argue this issue, about what that increased noise will do to the enjoyment of their property. He stated that they already have an adequate station and convenience store across the street. He argued that the site is not essentially a commercial site because it is 90 % a residential site. He encouraged the Council to exercise discretion, and turn down the limited use as well as the variances or, if the Council does not want to rule for or against the proposal, it should be remanded to the City Planning Commission to have the Planner do the necessary homework and bring back more facts on which to base a Council decision. He again stated he would like a chance to present substantial testimony, from experts, to guide the Council in a decision. He and the neighbors feel that their interests are not being balanced in this particular proceeding. The Mayor asked if the applicant would like to make a presentation. Victor Sacco, $016 Enchanted Road stated that he is the owner, under contract, of the property at Three Points and Commerce. He stated the property was available (for sale) for quite some time and he felt there was a need for a gas/convenience store that was an up-to-date modern facility with a car wash, since the nearest car washes are at the Spur in Spring Park and the SA in Long Lake on Highway 12. He went to Amoco and they wanted to purchase the property from him. He agreed and they came up with this plan which he thought would be great for the City trying to bring some new business into the community. It was already zoned B-2. He stated they do need a Conditional Use Permit but he thinks the things that they are asking from the City are reasonable. The 40 foot curb cut that they are looking for was a suggestion from the Hennepin County Highway Dept for the transport trucks delivering and the ease of customers getting in and out of the site. As far as the environmental issues,.he stated the tanks are double wall fiberglass tanks that do not corrode. There's a leak detection system that is between the fiberglass walls so if there are any vapors at all, it immediately shuts down the whole system. This is state of the art. It supersedes what the MPCA mandate is for federal requirements. There is a closure letter, on this site, from the MPCA, stating that no further action is required on the site, and the site has been cleaned up to the satisfaction of the MPCA. Amoco doesn't want to take any chances with environmental leaks. 3. As far as traffic, Mr. Sacco stated that with the stop light there, it makes this site a very 303 MOUND CITY COUNCIL MINUTES - JUNE 23, 1998 logical site for this usc. The stop light changes vcr~ quickly. There is an access on County Road 110 and one on Three Points Blvd. Amoco is interested in the site because of thc growth in thc area that we are seeing in Minnctrista to the north. The station will not bc thc cause of thc increase in traffic. They will bc servicing thc community that is there already. I-Ie pointed out that a lot of the property in the area is zoned B-2, including the townhomes where Mr. Garden lives. The Mayor opened the public hearing. The following persons made statements opposing the Conditional Use Permit for a motor fuel station: 2. 3. 4. 5. 6. 7. 8. Ron Christensen, 1764 Commerce Blvd. - Ralph Bauer, 1774 Heron Lane, Mound. Michaela Diercks, 2765 County Road 110, Minnetrista. Dina Etherington, 4932 Glen Elyn Road, Mound. lam Amidon, 1909 Lakeside Lane, Mound. Bob Hanson, 5425 Bartlett Blvd., Mound. Chris Mayer, 1790 Commerce Blvd., Mound. Martin Garden, 1760 Commerce Blvd., Mound. Their reasons for opposition: noise; traffic increase; hardcover issues and environmental impact on the Lake; impact on the residential neighborhood; lighting; garbage; ingress and egress to the site; congestion; and being open 24 hours. They would like to see this referred back to the Planning Commission for further consideration. The following petition was submitted and signed by 20 persons. "We, the undersigned, are residents of the Three Points Boulevard area of Mound, Minnesota, and are IN OPPOSITION to the convenience store proposal for the site at the south east quadrant of the Three Points/Commerce Boulevard intersection." The Mayor closed the public hearing and asked the City Attorney to address the legal issues that were touched upon and try to convey to those who are here the legal constraints that the City Council is under in making a determination as to whether or not to grant or deny a Conditional Use Permit. The Council agreed there have probably been traffic studies done as far as the number of vehicles ingressing and egressing from Three Points Blvd. and the amount of traffic that is on the County Road. There was discussion about the lighting and glare. The City Planner responded that there was a lighting plan submitted and that does show the amount of lighting on site and at the property lines. The Amoco Architect stated that the lighting calculations were revised since the last meeting with the Planning Commission. The plan was just received today and he did not have time to reissue them for the Council. The pole height has been reduced. The wattage of the fixtures has been reduced. He did not know what methodology had been used to do that, but if we need to get calculations and numbers, he would do so. He stated he has certified plans that say that there will be foot candles at .4 or under. The Council discussed this issue and stated that if this is approved a .4 foot candle would be required for lighting. 304 MOUND CITY COUNCIL MINUTES - JUNE 25, 1998 The Council then discussed the fact that the City is under a time constraint because the applicant has had the application in for quite some time. There are legal ramifications if an applicant's request is not acted upon within a certain period of time. The Council discussed the issue of stormwater and the site. The City Planner stated the applicant will pay the Minnehaha Creek Watershed District for treatment costs for the stormwaten The City Attorney stated the Council has three options: 1. Approve the CUP and variances as recommended by the Planning Commission~ with further modifications as the Council desires; or 2. Refer the matter back to the Planning Commission for further study; or 3. De.ny the requested CUP and to deny the requested variances. Weycker asked if there are any projections on traffic with Minnetrista's increasing development. The City Planner stated he has some from a count that was done in 1995 which was somewhere short of 10,000 vehicles and over the next twenty years it could increase about half again. That will also be dependent on the improvements to County Road 110. The Mayor stated that the City Council is very cognizant of the public concerns as far as noise, lights, traffic, congestion, and wanting to enjoy your property. He further stated that the applicant who has bought property that was zoned commercial, also has the right to come before the City Council and ask for a Conditional Use Permit to conduct a business that is within the zoning code. Conditions can be attached to the Conditional Use Permit, that will, safeguard and minimize the impact that it is going to have on the neighborhood. The Planning Commission has attached some conditions that the Staff has proposed, that would minimize the impact that this is going to have on surrounding area. The Council discussed the ingress and egress onto County Road 110 from the site. There was discussion about requiring that vehicles only be allowed to turn right onto County Road 110 and not left and heading back toward downtown Mound. If egressing from that establishment, people can only turn in a northerly direction or go onto Three Points Blvd. and onto 110 at the stop light if travelling south. The Council spoke about another condition which would require the applicant to hire a traffic engineer to address this ingress and egress concern. Councilmember Weycker expressed concern about creating a traffic back-up on Three Points Blvd. at the stop light with people exiting from PDQ and this new Amoco. Councilmember Hanus stated that there are other permitted uses that don't require a CUP that would produce as much traffic as this would and in some cases even more. He pointed out that the light is a quick light and could be adjusted to regulate the problem. He also expressed concern about the noise from the vacuums. He suggested that another condition be put on the CUP requiring the vacuums to be placed in a location and shielded to project the noise away from the adjacent residential areas. Mr. Garden expressed concern about the noise from the dryers in the car wash. Councilmember Hanus stated that was addressed at the Planning Commission and is part of the proposed resolution. It reads as follows: "3. The Car Wash only be allowed to operate between the hours of 7:00 a.m. and 10:00 p.m. as regulated by the zoning code. The doors be required to remain closed while in 305 MOUND CITY COUNCIL MINUTES - JUNE 23, 1998 operation. All employees must be notified of this." The Council discussed timing on this application. Councilmember Hanus stated that it is not up to the City Council to legislate coml~.tition. We do not decide whether or not we need another type of business in town. Polston moved and Ahrens seconded the following resolution: RESOLUTION//98-71 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT WITH VARIANCES FOR AN AMOCO GAS AND CONVENIENCE STORE LOCATED AT 1730 COMMERCE BLVD., PART OF LOT 27, LAFAYETTE PARK, PID//13-117- 24 22 0025, P & Z CASE//98-26 & 98-27 The following conditions were added to the resolution: The City requires that the applicant hire a traffic engineer to study the specific safety issues of the ingress and egress and have that person make a recommendation as to what is the safest possible solution to ingressing and egressing the site. Staff to review and approve before Building Permit is issuance. Require that the vacuum be shielded to deflect the noise away from the residential area. Lighting does not exceed .4 foot candle on the neighboring property as per code. The CUP will be reviewed annually. The vote was unanimously in favor. Motion carried. PUBLIC HEARINGS: 1.15 CASE 98-05: MAJOR SUBDIVISION AND CASE 98-28: CONDITIONAL USE PERMIT TO ALLOW TWIN HOMES, AND CASE 98-07: VARIANCE, LOT AREA, HARDCOVER, JAMES JOHNSON/DAVE MOORE. 4901 SHORELINE DRIVE, LOTS 1-6, BLOCK 3, SHIRLEY HILLS UNIT A, PID//13-117-24 44 0032. The City Planner explained the request. The request is to replat 6 lots that already exist by moving the existing lot lines in order to accommodate a 6 unit twinhome development. The preliminary plat also has some variances because of the lot area. A conditional Use Permit is also required. The Mayor opened the public hearing. Dave Moore presented his request and spoke in favor of it. The Mayor closed the public hearing. Councilmember Hanus stated the only reason he voted against this at the Planning Commission was because of condition #6 in the proposed resolution which reads: "Developer to pay 51% of assessments for road development." His concern was the City might be caught in a position where we might have to finance part of this road improvement. He would rather see this be assessed in a normal fashion. 306 MOUND CITY COUNCIL MINUTES- JUNE 23, 1998 The City Attorney stated that he has spoken with the City Planner and there are some other properties that could potentially benefit by the street improvement and assessing would be a logical move. The Council discussed having the road improvement worked out before the subdivision has ariy value. The City Attorney then suggested that the Council can combine all the hearings, and start the 30 day clock at the assessment running at the same time, but before you actually order construction of the improvement. That way you know that either there will or will not be any challenge to the assessments before the road is built. He also pointed out that we are only approving the preliminary plan and conditional Use Permit. Before doing the final plat the Council will want to have the public improvement authorized. The Council discussed the 5th Whereas in the proposed resolution which reads as follows: "WHEREAS, the developer will pay for 51 percent of the street and utility assessments for the project; and" The Council decided to delete the 5th Whereas in the proposed resolution and//6 in the Now, Therefore, be it resolved. The City Attorney suggested the following be inserted. "The City Council authorizes construction of the roadway and utilities for said public improvements to Norwood Lane in accordance with laws governing the public improvement process. This would be a precondition to final approval of the Final Plat." The City Attorney advised that a lot of cities are streamlining the assessment process by authorizing preparation of plans and specifications, authorizing letting of the bids, and also setting a date for a public hearing on the special assessments before any improvement is done. He advised that we would determine the amount of the special assessments after the bids come in and are tabulated, but before the contract is awarded. There is a 30 day hold on the award of the contract to see if there is any appeal on the special assessments. If there is no appeal on the special assessments, then the contract is awarded and the road is built. This is the condensed process and you would know whether you are going to be challenged before you spend the money. Councilmember Weycker asked if the lots would still be considered a lot of record if the lot lines are changed. The City Planner state that because we are maintaining the same property area by shifting property lines, it seemed to keep the intent of the lot of record status. It is a minor shift in property lines. Ahrens moved and Polston seconded the following resolution: RESOLUTION g98-72 RESOLUTION APPROVING A PRELIMINARY PLAT AND CONDITIONAL USE PERMIT WITH VARIANCES FOR 4901 SHORELINE DRIVE TWIN HOME PROJECT, LOTS 1-6, BLOCK 3, SHIRLEY HILLS UNIT A, PID//13-117-24 44 0032, P & Z CASE//98-28, 98-05, & 98-07 The vote was unanimously in favor. Motion carded. MOTION made by Polston, seconded by Hanus, to authorize the City Engineer to prepare a feasibility study, and plans and specifications for the improvement of Norwood Lane, to be brought back to the City Council at the July 28, 1998, Council Meeting, looking at the 2nd week in August for a bid opening. The City Attorney told the applicant that if he could get the other property owners to sign an 307 MOUND CITY COUNCIL MINUTES - JUNE 23, 1998 The City Attorney told the applicant that if he could get the other property owners to sign an agreement indicating that they would pay 49% of the improvement cost, then this process could be shortened. The Council indicated they would not be willing to pay any difference for this public improvement. The vote was unanimously in favor. Motion carried. ADD-ON ITEM - HANUS Councilmember Hanus stated that the shed issue in Case//98-37 brought up an issue at the Planning Commission. The Planning Commission is requesting that the City Council direct Staff to have them revisit the lock box portion of the Shoreland Management Ordinance. The Planning Commission feels that it may be too restrictive, size wise. The Council agreed that the Staff should look and this and bring it back to the Planning Commission. INFORMATION/MISCELLANEOUS: A. MAY 1998 FINANCIAL REPORT AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. B. MCWD NOTICE OF RESIGNATION OF DIANE LYNCH, ADMINISTRATOR. C. PLANNING COMMISSION MINUTES OF JUNE 8, 1998. D. REMINDER: INTERVIEWS WITH ARCHITECT AND CONSTRUCTION MANAGEMENT FIRMS WILL BE HELD WITH THE WCCB ON WEDNESDAY, JUNE 24 AND THURSDAY, JUNE 25, RESPECTIVELY, MOUND CITY HALL, BEGINNING AT 6 P.M. E. REMINDER: NEXT REGULAR WCCB MEETING WILL BE TUESDAY, JUNE 30, 1998, 7 P.M. MOUND CITY HALL. MOTION made by Polston, seconded by Ahrens to adjourn at 11:40 P.M. unanimously in favor. Motion carried. Att.est~:~Ci~y.~Cler~~' (D~~~~hUkle, Jr., City Manager The vote was 308 MOUND CITY COUNCIL MINUTES - JUNE 23, 1998 THIS PAGE LEFT BLANK INTENTIONALLY. 3O9 BILLS June 23, 1998 BATCH 8062 $210,211.54 Total Bills $210,211.54 0 m .>. ~ · o~ .. u_ ti_ ~y o ~oo~ r c Z , o o~ ~o o' ~ ~ ° ~ {2> o~- ir:. c A m n ?.wo o {2) THIS PAGE LEFT BLANK INTENTIONALLY.