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1992-12-08December 8, 1992 MINUTES - MOUND CITY COUNCIL - DECEMBER 8, ~992 The City Council of Mound, Hennepin County, Minnesota, regular session on Tuesday, December 8, 1992, in the Chambers at 5341 Maywood Road, in said city. met in Council Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Phyllis Jessen and Ken Smith. Councilmember Liz Jensen arrived at 7:45 P.M. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Planner Mark Koegler, City Engineer John Cameron, Building Official Jon Sutherland and the following interested citizens: John & Mary McKinley, Nancy Clough, Harold Meeker, John Edewaard, Jean Robinson, Tammy Rush, Sara & Brad Biermann, Glenn Melena, Ruben Hartman, Paul Henry, Harvey Bergquist, Julie Lilledahl, Thomas Albert, Ron DeVinney, Neil Weber, JoAnne Bocke, and John Bessesen. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. JoAnn Bocke, from the Automobile Association of America, presented the 1991 Pedestrian Safety Citation to Sgt. John McKinley. ~.0 MINUTES MOTION made Minutes of submitted. carried. by Jessen, seconded by Smith to approve the the November Z4, 199Z, Regular Meeting, as The vote vas unanimously in favor. Motion PUBLIC HEARING: CASE ~9Z-060, 0Gl, 062 & 063: NEIL WEBER FOR TEAL POINTE DEVELOPMENT CO., BLOCKS L0, ~L, ~5 & ~6, WHIPPLE, PID ~25-1~7-24 12 0225, 0115, 0119, 0120, PRELIMINARY PLAT FOR PLANNED DEVELOPMENT AREA~ STREET VACATION & VARIANCE The City Planner reviewed his reports dated November 4 and December 1, 1992. He pointed out that the applicant applied for the vacation of only a part of Cobden Road. The City Engineer and the city Attorney agree that if the applicant is requesting a vacation it should be for the entire right-of-way of Cobden Road, thus a new vacation hearing will have to be published and mailed to affected property owners. The Planner therefore suggested that this hearing be continued to the January 12th Meeting so that a new notification and publication can be done. The Planner reported that the Planning Commission expressed concern in three areas of the Shoreland Management Ordinance, bluffs, density and impervious cover. 247 December 8, 1992 Bluffs. The proposed Shoreland Management Ordinance prohibits development in areas that are classified as bluffs (>30% slope). Furthermore, the ordinance requires a 30 foot setback from the top of a bluff for all structures. Lots 1, 2, & 3 contain slope areas exceeding 30% with a maximum slope approaching 45% on portions of Lot 1. Virtually all of Lots 1, 2, & 3 would be unbuildable if the shoreland provisions were applied. Density. The Planned Developments Area (PDA) provisions of the Shoreland Management Ordinance exempt bluff areas and land lying below the ordinary high water contour from the total land area used for overall density calculations. This has the effect of lowering the overall density of an area when these features are present. Omitting these areas from the calculations, Teal Pointe can have a maximum of 11.5 units under the density provisions of the Shoreland Management Ordinance. The proposed plan is well within this density since it calls for a total of 9 lots, three of which are in bluff areas. Impervious Cover. Calculation of impervious cover is the subject of specific site plan proposals for individual lots. Until such time as detailed plans are received, it is impossible to calculate the amount of impervious cover. Upon adoption of the Shoreland Management Ordinance, all vacant lots within Teal Pointe will be limited to 30% impervious cover. The City Attorney pointed out that the Developer is going to have to do a Proceeding Subsequent on some of the property he has before a plat can be placed of record. There are also properties lying directly west of Cobden that are platted, so Cobden does serve those other lots. The city Engineer reviewed his report, dated November 4, 1992. He reported that there would need to be some fill on adjacent private property off of Windsor Road in order to extend that road into the development. He further addressed the drainage and grading, streets, utilities and street vacation. There was discussion on the traffic count in the area. The Mayor opened the public hearing. The following persons spoke against the proposed Planned Development Area: Harold Meeker (for himself and also for Glenn & Alice Rogers), Brad Biermann, Ruben Hartmann, Glenn Melena. Rogers and Biermann stated they would not allow fill on their land to extend Windsor Road. The people do not want the development because it will destroy the area, create too much traffic in the area. There was also mention that there may be Indian burial grounds in this area. Mr. Neil Weber, developer stated he is trying to take into 248 149 December 8, 1992 consideration the environmentally sensitive nature of this issue by creating large 12,000 square foot lots, clean up the wetlands. It is a unique piece of land. He stated he would have a slide presentation of the property depicting all seasons at the January 12th meeting. He stated the homes would be designed to compliment the property, not detract from its beauty. The Council asked what the traffic counts are on these streets at present. The Council expressed the same concern about the bluffs issue as the Planning Commission. The Planner pointed out that virtually all of Lots 1, 2, and 3 would be unbuildable if the shoreland provisions were applied. The City Attorney .quoted Section 330:35, Subd. 8 of the City Code which states, "Failure to act within thirty days of the closing of the hearing shall be deemed as an approval of the preliminary plat by the Planning Commission". This section has nothing to do with the State Statute which calls for 120 days from the date that it is filed if it is in full Compliance. He further stated that in talking with the Planner, it is his opinion that it is not in full compliance, therefore the 120 days would not start to run. He recommended that the City ask Mr~ Weber for an extension so there is no misunderstanding and the City has adequate time to consider the request. Mr. Weber indicated that he would agree to an extension, if needed. Julie Lilledahl, 3233 Tuxedo Blvd., stated she was in favor of the proposed PDA. MOTION made by Smith, seconded by Ahrens to continue this public hearing to January 12, 1993. The vote was unanimously in favor. Motion carried. MOTION made by Smith, seconded by Jessen to require Neil Weber, developer of Teal Pointe, to escrow an additional $1,000 for review work to be done by the City contractual staff on his proposed PDA. The vote was unanimously in favor. Motion carried. Ahrens moved and Jensen seconded the following resolution: RESOLUTION %92-157 RESOLUTION TO SET JANUARY lZ, 1993, FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF CERTAIN PARTS OF COBDEN ROAD SOUTH BETWEEN DRUMMOND AND WATERBURY The vote was unanimously in favor. Motion carried. 249 250 December 8, 1992 1.2 RESOLUTION OF DENIAL - REOUEST FOR MINOR SUBDIVISION, 1720 DOVE LANE, MAXINE BEISSEL The Planner explained that a resolution of denial has been prepared for this item and the proposed copy was presented. Jensen moved and Jessen seconded the following resolution: RESOLUTION #9Z-15S RESOLUTION DENYING THE APPLICATION OF MAXINEBEISSEL FOR A MINOR SUBDIVISION OF PROPERTY AT 1720 DOVE LANEt LOTS 7, 8, & 9t BLOCK 12, DREA~WOOD The vote was unanimously in favor. Motion carried. REVIEW OF PRELIMINARY ENGINEERING REPORT - PROPOSED STOI~( SEWER IMPROVEMENT- COTTONWOOD LANE/DAKOTARAIL, JOHN CANERON, CITY ENGINEER Mr. & Mrs. Hahn requested that this item be taken off this agenda and put on a future agenda. The Council continued this item to the January 26th, 1993, Meeting. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.4 SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A CLASS III RESTAUI~%NTAND BARFER "HEADLINERS BAR & GRILL" IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT AT 1.5 $241 SHORELINE DRIVE MOTION made by Ahrens, seconded by Jensen to set January 12, 1993, for a public hearing to consider the issuance of the Conditional Use Permit for a Class III Restaurant and Bar for ,,Headliners Bar & Grill), in the B-1 Central Business District at 5241 Shoreline Drive. The vote vas unanimously in favor. Motion carried. SET PUBLIC HEARING TO CONSIDER AN APPLICATION FOR AN "ON-SALE" INTOXICATING LIQUOR LICENSE FOR MARK SALITERNAN & BILL FEEHAN, DBA HEADLINERS BAR & GRILL, 5241 SHORELINE DRIVE MOTION made by Jensen, seconded by Jessen to sot January 12, 1993, for a public hearing to consider an application for an "On-Sale" Intoxicating Liquor License for Mark Saliterman and Bee Feehan, dba ,,Headliners Bar & Grill), at 5241 Shoreline Drive (formerly The Jock Club). The vote was unanimously in 250 251 1.6 December 8, 1992 favor. Motion carried. DISCUSSION: PROPOSED INCREASE AND OTHER CHANGES RELATED TO RECYCLING CONTRACTOR The City Manager reported that Knutson Services, Inc. has approached the Lake Minnetonka Recycling Group (LMRG) and asked that we make some concessions in the area of revenue sharing and drop sites to improve the financial viability of the recycling program. Knutson proposed an increase in per house collection of $.17 per month for 1993 and $.15 per month for 1994. The LMRG has made the following recommendation: The revenue sharing clause (Section 4) of the contracts be reevaluated and redefined by Knutson and the LMRG. This task is to be completed by December 31, 1992. That Knutson will make good on all outstanding revenue sharing payments owed to LMRG cities prior to November 1, 1992. The LMRG cities will declare a suspension of revenue sharing payments for the months of November and December 1992. That Knutson immediately bring up-to-date all outstanding reports on tonnages collected and markets used as per Section 4, part D of the contracts. If the previous items are accomplished by December 31, 1992, it be recommended that the per household collection fee be increased by 10 cents in 1993 and 10 cents in 1994. The City Attorney suggested that the Council adopt this with language it be approved if all the other LMRG cities approve of the recommendation. The Council agreed. Smith moved and Ahrens seconded the following resolution: RESOLUTION #92-159 RESOLUTION AUTHORIZING THE MAYORAND CITY MANAGER TO RENE~OTIATE THE AGREEMENT FOR RECYCLING COLLECTION The vote was unanimously in favor. Motion carried. 1.7 SET PUBLIC HEARING TO CONSIDER A REQUEST TO VACATE A PORTION OF WINDSOR ROAD. (SUGGESTED DATE: JANUARY 12t 1993t 7:30 P.a.) The Council discussed this request. The City Attorney suggested that a staff report be given on this before a public hearing is set. The Planning Commission will be reviewing this at their next meeting. No action was taken at this time. 251 252 December 8, 1992 1.S RESOLUTION APPROVING A GA~BLING PER~IT APPLICATION FOR OUR LADY OF THE LAKE CHURCH - 2/6/93 - RAFFLE AND PULL-TABS Smith moved and Ahrens seconded the following resolution: RESOLUTION #92-160 RESOLUTION APPROVING A GAMBLING PER~IT APPLICATION FOR OUR LADY OF THE LAKE CHURCH - 2-6-93 The vote was unanimously in favor. Motion carried. 1.9 LICENSE APPLICATIONS MOTION made by Ahrens, seconded by Smith to approve the followlng llcenses to the teen club (Bradfer, Inc. ~ba Someplace Else) contingent upon all required forms, insurance, etc. being submitted: 2 Games of Skill, 1 Pool Table, 4 · musement Devices, and Public Dance. The vote was unanimously in favor. Motion carried. MOTION made by Smith, seconded by Jensen to approve a temporary On-Sale Non-Intoxicating Malt Liquor Permit for Our Lady of the Lake School, for February 6, 1993, Las Vegas Nite, contingent upon all required forms, insurance, etc. being submitted. The vote was unanimously in favor. Motion carried. 1.10 PAYMENT OF BILLS MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $233,057.2S, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.11 ADD-ON MOTION made by Smith, seconded by Jensen to cancel the December 22, 1992 City Council Meeting. The Mayor to review any items that might need attention and then call a special meeting for December 29th, if necessary. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for November 1992. B. L.M.C.D. mailings. C. Letter from Triax Cablevision re: rate increase. 252 25.3 De Ee December 8, 1992 REMINDER: 1993 Budget Hearings are scheduled for Wednesday, December 9, 1992 and Wednesday, December 16, 1992, at 7:30 PM, Mound City Hall. Please bring your copies of the 1993 Proposed Budget with you to these meetings. REMINDER: Annual City of Mound Christmas Party is scheduled for Friday, December 18, 1992, Mound American Legion. Invitations have been sent out and we need RSVP's by Friday, December 11, 1992. Letters of interest from two persons applying for vacancy on Parks & Open Space Commission. Interviews will be held Thursday, December 10, 1992, 7:00 P.M., Mound City Hall. You are invited to attend. Commissioners will rank candidates and submit a recommendation to you for your consideration. Planning Commission Minutes of November 23, 1992. Economic Development Commission Minutes of November 19, 1992. MOTION made by Jensen, seconded by Jessen to adjourn at P.M. The vote was unanimously in favor. Motion carried. E~~'. Sh~lle,'-~r'~, City Manager Attest: City Clerk 253 BILLS December 8, 1992 BATCH 2113 $161,816.71 BATCH 2114 71,240.57 TOTAL BILLS $233,057.28