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.
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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
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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.
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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
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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.
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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.
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25.3
De
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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
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BILLS
December 8, 1992
BATCH 2113
$161,816.71
BATCH 2114
71,240.57
TOTAL BILLS
$233,057.28