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1999-02-23MINUTES - MOUND CITY COUNCIL - FEBRUARY 23~ 1999 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Tuesday,' February 23, 1999, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Pat Meisel, Councilmembers Andrea Ahrens, Bob Brown, Mark Hanus, and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorneys John Dean, Acting City Clerk Jodi Rahn and the following interested citizens: John. Boyer, Trude Turnquist, Ron Johnson, Marvel Johnson, John Beise, Kristin Hage and Jim Ostman. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. APPROVE AGENDA. At this time items can be added to the Agenda that are listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. Councilmember Hanus stated he would like to remove items A, D, J. Councilmember Ahrens stated she would like to remove item H. Councilmember Weyckcr stated she would like to remove item I. not City Manager Ed Shukle stated that item B be removed because they are not completed at this time. They will be completed by the next City Council Meeting. Councilmember Hanus stated he would like to add from the handout received the SRA issue. Councilmember Ahrens stated she would like to add on the newest franchise fee for Triax cable. She also asked to add-on the letter from the Three Points resident regarding the Community Center. *CONSENT AGENDA MOTION made by Ahrens, seconded by Hanus, to recommend approval of the remainder of the Consent Agenda. Motion carried unanimously. *1.0 APPROVE THE MINUTES OF THE FEBRUARY 16, 1999, COMMITTEE OF THE WHOLE MEETING. MOTION Ahrens, Hanus, unanimously. 162 *1.1 MOUND CITY COUNCIL MINUTES- FEBRUARY 23, 1999 SET PUBLIC HEARING FOR CASE 99-03. STREET & UTILITY EASEMENT VACATIQN TQ ALLQW CQNSTRUCTION OF AN ADDITION TO THE DWELLING AT 4844 ISLAND VIEW DRIVE, JOR.1 AYAZ. LOTS 1 7 2. BLOCK 15. DEVON. SUGGESTED DATE: MARCH 9. 1999. MOTION Ahrens, Hanus, unanimously. · 1.2 RECOMMENDATIQN FROM PLANNING COMMISSION RE: 2217 CHATEAU LANE (VACANT LOT), Ahrens moved and Hanus seconded the following resolution: RESOLUTION 99-16 RESOLUTION TO APPROVE THE PURCHASE OF LOT 18, BLOCK 1, CREVIER'S SUBD. LOT 36, LAFAYETTE PARK (2217 CHATEAU LANE FROM SUNSHINE PARTNERS LIMITED PARTNERSHIP, AT A COST OF $1.00 (ONE DOLLAR), PID #13- 117-24 43 0059 The vote was unanimOusly in favor. Motion carried. '1.3 CASE 99-04: VARIANCE, CONSTRUCTION OF A CONFORMING ADDITIQN, 5189 EMERALD DRIVE, P/7 & 10. LOTS 8. 7 9 BLOCK 1, SHIRLEY HILLS UNIT C, PID 24-117-24 24 0011, Ahrens moved and Hanus seconded the following resolution: RESOLUTION/D9-17 RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCE IN ORDER TO ALLOW FOR THE CONSTRUCTION A CONFORMING ADDITION, AT 5189 EMERALD DRIVE, PART OF LOTS 7 & 10, LOTS 8 & 9, , BLOCK 1, SHIRLEY HILLS UNIT C, PID# 24-117-24 24 0011, P & Z CASE g99-04 The vote was unanimously in favor. Motion carried. '1.4 PAYMENT OF BILLS. MOTION Ahrens, Hanus, unanimously. 163 · ,ou~ cffr COU~VC~L MI~TY~,$- FEBnU,~rY Z~, COMMENTS AND SUGGESTIONS FROM (~ITIZEN$ PRESENT, There were none. 1.5 APPROVE THE MINUTES OF THE FEBRUARY 9, 1999 REGULAR MEETING, Hanus stated on page 552 he would like to change the line: "In fact, you find yourself in a situation to regulate." The correct statement should read: "In fact, you remove your ability to regulate.' Weycker stated on page 543 she would like to change the line: "Weycker stated that when the Council was going to move the Stead dock last year, the Park Director stated that he does not know at this point, if there is an available site at Pembroke." The correct statement should read: "Weycker stated that when the Council was going to move the Stead dock last year we asked the affected people in the Pembroke Park area to add more sites and they overwhelming voted, no. The Park Director stated that he does not know at this point, if there is an available site at Pembroke." Councilmember Ahrens stated that she did not want to change the minutes from February 9, 1999, but she would like to make a statement for this evening's minutes. "We could be here all night. There are numerous errors in the minutes with respect to numbers and statements missing. I would just like to have the minutes tonight reflect that for example, some of the new numbers are used in place of old numbers. There are all kinds of things in here are wrong. So, I just want the record to reflect that... You have to put down what people say, I understand that, and even if they say something wrong, the Minutes are an accurate record of what was said but, there are numerous inaccuracies in their statements." Councilmember Ahrens stated that there are numerous errors in the minutes in respect to numbers and statements missing and asked the recorded reflect the errors. MOTION to approve, as amended. Hanus, Weycker, unanimously. 1.6 CASE 99-02: VARIANCE. FRONT YARD AND SIDE YARD SETBACK VARIANCES, TO CONSTRUCT A CONFORMING ADDITION AND ATTACHED GARAGE, STEVE JILEK, 5444 SPRUCE ROAD, LOTS 46, 47 & 48, BLOCK 2, LAKESIDE PARK - CROCKER'S, PID # 13-117-24 32 0164. Hanus asked staff to explain the differences between the proposed resolution and the revised. Building Official Jon Suthefland stated the case is the City Planner's and will try to answer any questions. He stated it is a variance case and the Planning Commission and Staff recommended approval. 164 MOUND CITY COUNCIL MINUTES- FEBRUARY 23, 1999 Hanus explained to Sutherland that a resolution was in the council packet and that council received a revised copy as a handout. Hanus stated his concerns about the whereas in the packet on page 561 regarding the retaining wall and the fence. Hanus stated what business is it of the City to know who owns the fence. It is a private issue between the two people and felt if the guy who has the fence on his property does not have a problem with it who cares who owns it. He asked staff if that is what was changed on the revised copy. Sutherland stated the fence could be handled independently if there would be a complaint he would take care of it independently in this variance request. Hanus stated the city should play a role in where the fence goes when they are issuing a permit. This is an existing fence. Brown stated that the Planning Commission agreed it was a dispute between the neighbors and that they would handle it on their own and if it did come up as a dispute, Sutherland could take care of it. It would not need to be in the resolution. Ahrens stated she has a concern regarding number 1 on page 562, removal of debris sitting in the proposed garage location. She feels this should be removed under the nuisance ordinance and not a variance. She stated that these kind of things get filed with the county and feels the city is being awful elaborative in the variance that the debris should have been handled on its own merits and not be part the variance. Weycker also voiced concerns regarding the debris. Sutherland stated that he will bring up the items with staff and clean them up in the future. Weycker asked if on page 562 of the revised proposed resolution the item regarding the pile of debris be removed. Sutherland stated that yes it could be removed. Ahrens moved and Hanus seconded the following resolution, as amended: RESOLUTION #99-18 RESOLUTION TO APPROVE A FRONT YARD AND SIDE YARD SETBACK VARIANCE IN ORDER TO ALLOW FOR CONSTRUCTION A CONFORMING ADDITION AND ATTACHED GARAGE, AT 5444 SPRUCE ROAD, LOTS 46, 47,& 48, BLOCK 2, LAKESIDE PARK A L CROCKERS 1= DIVISION, PID# 13-11%24 32 0164, P & Z CASE //99-02 The vote was unanimously in favor. MOtion carried. 165 MOUND CITY COUNCIL MINUTES- FEBRU/IRY 25, 1999 1.7 MULTIPLE DOCK LICENSE APPLICATION, pELICAN POINT HOMEOWNERS' ASSOCIATION Ahrens stated that when she was going through her council packet she observed the fact that the council did not have was the recommendation from the LMCD with regard to the applicant's proposal to move the dock structure. Part of the recommendation from the LMCD is that approval needs to be garnered by the applicant from the DNR and from the City of Mound prior to the LMCD considering the case and, she stated that she feels it is not appropriate to be on the consent agenda. She also stated she had received telephone calls from residents in the area who have a concern with the proposal. At this time Mayor Meisel addressed the residents at the meeting who there here regarding the Multiple Dock license application at Pelican Point and stated, that at this time, there are two more items on the consent agenda and she is going to move into them at this time and then will come back to Pelican Point. '1.8 LICENSE RENEWALS FOR GARBAGE AND CIGARETTES, Weycker had a question about the renewals and asked about how that plays with the conditions on the sting operation and asked if we ever decide on that. City Manager Ed Shukle stated that Hennepin County was notified and told that the city was not interested in doing this and his understanding is that Hennepin County never developed a plan. He also stated it is still in the hands of the County as to whether a county wide program will be done. Hanus stated the licensing is still in the City's hands without the mandated checks until further notice. MOTION made by Ahrens, seconded by Weycker to approve the License Renewal. unanimously. *1.9 APPOINTMENT. TO POSC. THEY INTERVIEWED TWO PEOPLE, JOHN BEISE AND JOHN ECCLES. THEY HAVE RECOMMENDED THE APPOINTMENT OF JOHN BEISE Hanus stated he pulled this item because the minutes of the meeting were not in the packet and asked it to be tabled until the minutes were provided for review. City Manger Ed Shukle explained to Hanus that the minutes from that meeting were just faxed over today and asked if he would like copies ran off at this time. Hanus stated that at this time he would like to wait so he could have time to look them over. 166 MOUND CITY COUNCIL MINUTES- FEBRUARY 23, 1999 Weycker stated we could get them on another agenda before the next Park and Open Space meeting. Hanus agreed. Weycker explained the weather was bad the night of the Park meeting ,and the minute taker did not show up so a copy of the tape was mailed out to her to do the minutes and that it why they are late. MOTION made by Hanus to table this item until the next Council meeting when the minutes will be available, seconded by Ahrens. unanimously. 1.7 CONTINUED DISCUSSION ON THE APPROVAL OF MULTIPLE DOCK LICENSE APPLICATION, PELICAN POINT HOMEOWNERS' ASSOCIATION Mayor Meisel stated at this time that the council will return to the Pelican Point Homeowner's Association and asked if Ahrens had anything else to say. Ahrens stated she would like to hear from anyone who would like to speak on the issue. John Boyer, representative of Pelican Point Homeowner's Association at Pelican Point, stated he just got notice of this meeting today and is not clear with what information the council has regarding this proposal and asked if the council has a plan and a recommendation on specifics from the LMCD. Hanus stated they didn't have a recommendation but had the current 1998 approved plan and the proposed plan. Boyer explained the plan with the dockage at Pelican Point. It represents 28 boat slips to the north and 12 slips to the south totaling 40 boat slips. The plan this represents has to be approved based on the shallow water condition at Pelican Point on Lake Minnetonka. When this approval was obtained in 1994 there was no stipulation made as to what shallow water constituted. It was merely stated as shallow water relief. In a situation when the lake water is already a foot low and it is anticipated for shallow water for next year, it's difficult to plan the dock structure and you can't take the docks out in the middle of the year and move them. It has to be done on a plan basis at the beginning of the year. Their goal is to create a permanent situation with the docks on the south side. Boyer stated even in a normal water situation, the back slips on the north structure are not accessible. It is just too shallow, to get boats in there even in a normal water situation so they are asking that the 16 slips in the back be brought to the south which adds four to the previous 12 and makes that a permanent condition. Boyer then explained they are contained to 100 feet from shore for the distance of the docks. He explained that was part of the stipulation that the LMCD put on them. With that there is not an option other than to add another structure to the south for the inside slips. Boyer pointed out some water depths on the north side of the point. It currently holds 40 slips and explained the water level dropped 8 inches between July and September. 167 MOUND CITY COUNCIL MINUTE&- FEBRUARY 25, 199~ Brown asked what the average size of the boatz are in the slips and asked if most of the boats are inboard/outboard. Boyer stated 24 feet or less and most are inboard/outboard and explained they have just reached the point at Pelican Point where the outside slips have been used up and inside slips are now being requested beyond thc 24 on the outside. Boycr stated as they fill up the inside, they are finding out that in any water condition the boats can not get in there. Hanus stated not with the 24 foot boat but with a bass boat or a small run about you could get in. Boyer stated there is a bass boat at the end. Brown explained most inboard/ outboard props come out of the water to where you would not be drawing more than about 16 to 18 inches of water. Boyer agreed but stated it does not work, the water depth is 16 to 18 inches in normal water conditions but is not unusual for the lake to drop a half of a foot. Brown questioned he thought it was 44 at one end and 60 at the other. Boyer stated it's 44 at the slip but to get into the slip its half that deep because the slip is only 40 feet from shore. Brown stated that's 30 inches. Boyer stated half of 40 is 20. Brown said half of 60 is 30. Boyer said if your talking about the end slip yes. Boyer at this time showed a picture of the dock. At this time he explained it is difficult to take the dock in and out and very expensive to move the dock in mid-summer. Hanus asked of the people that live in the subdivision have built all the units that are directly adjacent to the lakeside or are some of them still open? Boyer explained 18 of them are built and two are under construction but are sold. The two are located on the south side. Hanus asked Boyer what the consensus was and if everyone is in favor of the plan? Boyer stated yes, and he has not had any feed back saying that they weren't. However, the people that have docks commented on keeping the dock structure the way it is yet the people who come in that are expecting docks and can't get into the dock, then they're in favor of having it changed. All but three of the homes on the southside overlooking the docks, which is about seven, are all going to be used in this structure because they are all fairly new residents. Boyer then stated he is representing the Pelican Point Homeowner's and they are the ones that insisted that I provide these docks and have commissioned me to come talk with the City Council. The president of the boat club is out of town and so I am filling in for him. I am not coming to you as a developer I am coming to you as a association member. Hanus asked what kind of work has been done as far as alternative design and keeping it to the north where it has been or previous been approved and where it's closer to adjacent multiple docks. Hanus asked if they could continue towards the point and he understands there is a sandbar between the point and the island. Boyer stated the slips are very shallow. Hanus ask if they had considered side way entrances rather than straight out the end. Boyer stated they had and it just does not work if you cannot get anywhere near 40 slips in there. He also explained they have to keep within 15 feet of the north property line and they are about 20 feet at this time. 168 MOUND CITY COUNCIL MINUTES- FEBRUARY 23, 1999 Brown questioned if they thought about angling the back docks to a 45 degree angle so you do not have to make such a big swing to get in. Boyer stated the benefit is very negligible because you would still need to back out somehow and this makes it more difficult to get out of the stall. Hanus referred back to the 1998 or the current proposed plan and asked if there is one boat slip or two boat slips between the dock sections. Boyer answered one boat slip. Hanus stated there are 3 foot sections so every other section could conceivably be wasting 3 feet between the boats because you do not need a dock between every boat. You could have one dock share two boats and no dock between those. Boyer stated you could maybe pick up 2 feet per slip if you went with double wide slips. Boyer stated that the homeowners have already bought canopies for most of the slips and a lot of them have lifts and it doesn't work if you have a double wide slip. Hanus went back to the design issue on the north side to state that if you took those last two slips out and replace them with four slips that face the north, you sacrifice two and I think you can get four back. The end four would end up exiting to the north. Boyer stated instead of getting one slip you could pick up three which is a possibility but it does not allow an access to the back side at all. Hanus stated assuming they're gone you do not need access. The other option would be if you took out the internal sections as you proposed and replaced them with parallel parking on the lakeside again you will not need all the depth to get toward shore to get backed out. In a distance of 184 feet you could put quite a few boats in along the dock if they were nose to bow, nose to bow with a reasonable space between them. You could even put a short section that go towards shore and I am not saying it would cover all of them but you could get some deeper dockage with that configuration. Boyer explained he has tried all of that and would be happy to entertain, on paper, if you wanted to work it out but stated he has tried all the different kinds of scenarios you are talking about but, this plan is the most efficient given the 100 foot setback. I can't go closer to the point because it's to shallow and I can't go closer to the north because of the setback distance. Mayor Pat Meisel asked if there was anyone else who had any comments. Ron Johnson, 4416 Dorchester Road, stated he lives south of the project and appreciates what Mr. Boyer has done for the City of Mound. I was all for this project when it first started. The original sketches showed 40 slips but now I found out he is short 16 slips. I think the only answer is why he goes out another 50 feet with the dock. I heard the LMCD has rules against that but why couldn't a variance be given. If he puts the docks on the south side where I live he will be out more in the channel but, on the north side the bay goes in further. He stated that there are a lot of spawning beds for the fish and his location has been in the family since 1917 and it has always been a good fishing spot. Johnson also mentioned his neighbor has a lot of wood duck houses in his yard which means a lot of wood ducks in the water. He stated he is all for alternate uses and does not want to see it spread out on his side of the lake and feels all the neighbors to the south feel the same way. Johnson 169 MOUND CITY COUNCIL MINUTES- FEBRUARY 2.9, 1999 stated he wants to keep Mr. Boyer happy, 'Mr Boyer stated it is not a question of keeping him happy it's a question of keeping all the homeowners happy. Johnson mentioned that one homeowner will not be happy because he has no boat docks there now and they have a nice look of the lake but to put up 16 slips with canopies will be in there line of sight of a beautiful point. Mayor Meisel asked Mr. Boyer at this time if he had looked at the idea of a variance from LMCD. Mr. Boyer stated, yes. It was said to us that water relief will go to the southside and that was it no question and at a number of the informal conversations I had previous to that were to that effect and they would never give us a variance. So I never attempted to go after one. The fact is that everyone of the homes have up to 4 boats on their docks. In 4 lots 300 feet they got 16 boats. We are talking an area 600 feet with 16 boats. Our density is half of what the rest of the'residents have along the lakeshore there. The spawning beds are the same on Mr. Johnson's side as on my side. The fact that they developed their property and have gotten rid of the weeds and have run the boats in and out destroyed once was spawning beds should not exclude any one else from doing it and I am not saying putting up docks destroys fishing. I believe fish'love docks. The kind of traffic young families have is a lot different than the kind of traffic my residents have. We have more casual and bigger boats that come and go quietly and we have very stringent rules in our association in the way they use the docks. As far as the north expansion, I think moving them out another 50 feet might solve it. I can't tell you for sure because I don't know what the water depths are but I would love to do that. It would save me money as a developer and make the homeowners equally happy to just be able to move the structure out. May9r Meisel asked Mr. Boyer if he was taking this to the LMCD tomorrow night. He stated he was. Brown asked if there would be a possibility that Mr. Boyer could talk with the water patrol and see if they would have a preference because of what Mr. Johnson mentioned about coming through which is almost a direct line to the channel and would it be less of a safety hazard to come out 50 feet more with the front docks. Boyer stated with the north docks moving out 50 feet he did not perceive it to be a safety problem. The association bought a buoy and got permission to put it out in the channel to slow traffic down. As far as the proposed dock section projecting out in the channel that's not accurate. It does not protrude out any further then the other docks to the south of us. Brown stated if you move out 50 feet on the front docks if you got a variance that would put the back of the boats in a least 60 inches of water and give you at least 40 inches to come through. Hanus stated by his reading of this you would not have to go out 50 feet. You would only have to go out one slip depth which is about 24 or 26 feet. 170 MOUND CITY COUNCIL MINUTES- FEBRUARY 23, 1999 Boyer stated the council job tonight the way I see it is that the 40 slips to the north'and south structures have already been approved what we are basically talking about is expanding the 12 docks to 16. As far as how this is regulated, it is the LMCD's jurisdiction and if we weren't going to change the configuration of the docks, then we would not be here. Hanus stated if you were leaving them the way that they were designed and approved last year that's right, we would not be here. It's the moving of it that causes it to come back to the council. Ahrens asked to clarify something because she understands it a little differently. She looked at the 1998 approved plan and all 40 of the docks are on the north end of the property. She also looked at the plan that was approved in October of 1994 and her understanding is that a 12 slip setup on the south side of the property was what was approved by the LMCD for temporally water relief and you need that emergency low water provision to Idek in order to use those slips. Boyer stated the LMCD had every opportunity to say temporary low water relief or emergency low water relief but they did not do that at the time. There was a lot of discussion about the slips not being deep enough and they said for shallow water relief instead of moving them out further than 100 feet, we are going to give you 12 docks to the south. And in fact that was their proposal. Ahrens noted she has a copy of the public hearing notice from the LMCD and it states the Lake Minnetonka Conservation District will hold a public hearing to consider a new Multiple Dock License Application from Pelican Point Homeowner's Association. The proposed application is to consider relocating 16 low water slips at the north end of the existing dock to the south end of the property. I just don't want anyone to be misled thinking what were trying to do is we got approval of 12 slips on the south end of the property. If that was the case we would not have a site plan that looks like this that says 1998 with no docks on the south end. Boyer stated but we do have approval of the 12 shallow low water relief docks. That was approved and is part of our permit. Brown stated he understands that but feels there is a disagreement because what your considering shallow water is because you can't get your boat in where as LMCD has not classified the lake as shallow water like I believe it was 1991 when everyone went out with docks. I believe we have a disagreement with what we consider low water and I know in at least 40 inches of water with a inboard/outboard you can raise the prop and only draw in 16 inches of water. Boyer stated we are not in 40 inches of water. It is 40 inches at the back of the slip but it is not the water you got to go through to get into the slip. The water you go through is half of 40 because your coming through the back side of the channel. The access into the slip is much shallower your coming in from the shallow to the deeper side to get into the back slips. 171 MOUND CITY COUNCIL MINUTES - FEBRUARY 25, 1999 Boyer stated the council needs to decide what they' are approving weather this is Iow water relief or if this is an expansion of the dock which is already granted. Mayor Meisel asked if there were any more comments from people present? Trude Turnquist, 16061 Holdridge Road West. She is representing her mother who lives in unit 12 of Pelican Point. Her parents bought the first unit. They also have a long history with this property because they originally sold the property to Mr. Boyer. Having owned it and with growing up on this property, I have some historical perspective on the shallowness of the water and other things. It is my memory that the southside was the shallowest water anywhere on the property. There were many years when the water was low. We felt we could walk halfway to the small island. My concern is what if we have other years of extremely low water like Minnetonka is known.to have. What will happen then when the new 16 docks 100 feet out will be too shallow to bring other boats in? Will they be given a permit to dredge the area? Ms. Turnquist stated I am not here in anyway against Mr. Boyer's project. I am very supportive of it. I am here to encourage him to keep the docks on the northside because we do feel it's a better long term solution. I would encourage the council and Mr. Boyer and support him in every trip to the LMCD that it would take to get a variance to add on to what already pre-exits on the northside. The people who live on the northside of this property moved into this property when the boat docks were already there. This was not something new and different that was added on later. They are high on a hill and already used to seeing the boat docks and they can see over the canopies. Mayor Meisel asked if anyone else was present that would like to voice an opinion. Brown asked Mr. Boyer if these are permanent structures or do you take them in and out every year? Mr. Boyer answered we take them in and out every year. Brown stated if this council could give you 50 more feet it does not matter where those docks go in now because they are not in so if you were to put them in this spring they could go out another 50 feet. Hanus asked when you first applied for the license for the docks you proposed the 1998 plan I was curious as to why you opted or maybe the LMCD opted for you why was it determined to put them all in one location and at this location and not somewhere else and why you did not split them before. Boyer explained it was a wait and see situation. We did not know what demand of the boats would be and we did not know what type of people were going to come in. I thought at least a third of the people would not need boats and the other third would have small fishing boats or something of that size. I was not sure we would need that ability to go to the southside. Keep in mind, I prefer to keep everything to the north side. But I also need to provide navigation to the residents. Five years later we are finding out the average boat size is 18 to 20 foot inboard/outboards. The residents spent a lot of money for these homes and they all 172 MOUND CITY COUNCIL MINUTES- FEBRUARY 23, 1999 bought them on the understanding they could have a boat there. About 1/3 of our residents were already residents on the lake and are moving to Pelican Point to simplify the life without giving up their boat. Mayor Meisel .asked if there were anymore comments from the citizens present. Jim Ostman, 2945 Island View Drive, stated he lives across the street from the development and voiced his concerns about the dock location on the southside and would like to keep everything on the northside. Mayor Meisel asked if there were anymore comments from the people present. The council discussed the plan and what the LMCD is looking for from the City of Mound on this issue and if they can make approvals and a recommendation. ' Ahrens read a memo she received that said the LMCD staff recommends approval of the proposed structure subject to the approval from the Minnesota DNR and the City of Mound. It does not state we can make changes to it. They are asking purely for an up or down. Brown asked if they denied this but would send a recommendation along that the City of Mound would like to see the LMCD allow Pelican Point to move out a additional 50 feet 'because of the shallowness of the water and better access. Ahrens said it goes back to what Hanus said that you probably only need the depth of a slip. I would rather try to work with the LMCD and table it for two weeks to see if we can come up with an alternatiVe that keeps the 40 slips at the north end even if it does entail asking for a 24 foot variance to the dock length and would support the Pelican Point Association in that. Brown asked if we could table this with a recommendation to the LMCD that we would approve a variance with a maximum of 50 feet out. Hanus stated that is two different actions one is a table and the other is go forward with something and I don't think you can do both. City Attorney John Dean stated it appears the LMCD is planning to take action on this issue tomorrow night so I am not sure our tabling is going to mean to much to them. Ahrens stated it will mean something to them tomorrow night if there was not a recommendation that it get approved without the City of Mound. Dean stated maybe the council would like to look at something like sending a message to the LMCD that the city council is unable to grant its approval to the proposal because it's the City Council's belief that a more intensive use of the dock area to the north would be a more appropriate use of the water resource and that until such time as all the options for further use of the dock area to the north have been explored including the granting of a variance; the City of Mound cannot grant its approval to the proposal to move 16 docks to the south. 173 MOUND CITY COUNCIL MINUTES - FEBRUARY 23, 1999 Ahrens stated she would make that motion, seconded by Brown. Hanus asked that a friendly amendment be added to the motion. In addition to what Dean stated, other findings should be included to be more conducive not only to the property owners in the Pelican Point area that. would be affected by the move but as well as the property owners that live out of the subdivision to the south. Hanus stated, "Just a couple of thoughts I had on the procedure. The strongest is the denial because if the LMCD needs our approval, it forces them to look at another direction. If we just work with them a little bit that's a much weaker position to take and it forces the hand a little bit less. There are some alternatives. Just reconfiguring this dock of the sixteen docks without moving the dock out any further, I can find eight more slips which appear to be in deep enough water, which is half of the sixteen and even worst case if something had to be moved maybe you would have to move just eight, not sixteen. That's one thing I am not suggesting we do because I am all for keeping it north if we can. I just want to make sure we send the strongest signal possible to have to deal with it that way rather than giving them all kinds of outs." Ahrens stated that Hanus makes a good point in that a denial impedes the LMCD. Worst case scenario's Mr. Boyer sitting there with his 98 approved plan which is not going to work and that is not what I want to happen. Hanus stated he is not all opposed to getting the 40 docks in here somewhere but a denial again forces the LMCD hand a little bit. Ahrens asked if any harm would be done if the LMCD would give the council a couple more weeks to think about this matter and not be rushed into any decision and to keep it in a more confined setup. Brown suggested a denial, with City Attorney John Dean's recommendation to be the strongest thing we could send to the LMCD. Motion by Ahrens, seconded by Brown for denial with all of the language and finding from John Dean. Hanus commented that the motion have a strong recommendation that a variance be looked at as an alternative. Ahrens stated she needs to modify her motion to reflect denial with the findings Mark mentioned after John Dean's recommendations. Brown agreed to adding Mark's suggestion. RESOLUTION g99-19 RESOLUTION DENYING REQUEST FROM PELICAN POINT HOMEOWNER'S ASSOCIATION FOR A NEW MULTIPLE DOCK LICENSE 174 MOUND CITY COUNCIL MINUTES- FEBRUARY 23, 1999 The vote was unanimously in favor. Motion carried. Mr. Boyer questioned if the LMCD denies him where does that leave him? Mayor ~Meisel stated back to reconfiguring. 1.10 ADD-ON ITEM; AREA CODE Hanus addresse~t concerns regarding the SPA handout on the area code issue. He mentioned that the east side of the cities has a new area code 651 and he stated they need to add another area code. What the PUC is recommending is that Minneapolis, Richfield and Fort Snelling retain a new area code of 952. Richfield and Minneapolis are battling that. Jim Strommen, who is the attorney of the SPA, is asking for some input. Mayor Meisel stated she does not care one way or the other. Ahrens stated she has no leanings either way. Weycker stated she would prefer to keep the 612. Brown stated it makes no difference to him one way or the other. Hanus stated the argument the SRA is making is that whoever is affected most should retain the old number. 1.11 ADD-ON ITEM; TRIAX CABLE BILL Ahrens stated she brought her cable bill and questioned the new line item on the billing statement of. 84 cents per the franchise agreement with the City of Mound to fund public educational and governmental programming. She commented that the residents will claim Mound implemented a new tax and its all Mound's fault and it is not. City Manager, Ed Shukle stated the City of Mound gets a franchise fee of 5 % and has been that way since the 1980's. In our renegotiation with the franchise, the Cities of Chanhassen and Mound agreed to take over the operation of the public access studio and that is to become effective April 1, 1999. As a result of that in order for us to operate the studio we need to have funds in order to do it. 40 cents of that 84 cents is already being paid and it was in the base fee. The net increase is 54 cents. Ahrens questioned whose idea it was to do this. Shulde explained that Triax is not interested in operating a studio. Cities do require, as a public service, that we do have public access. So in order for us to efficiently provide it and do a better job, it was in our best interests, as the cities, to take it over. The result is an increase of 54 cents. 175 MOUND CIT~ COUNCIL MINUTES ~ F£BRU~¥ 23, 1~ 1.12 1999 DEPARTMENT HEAD ANNUAL REPORTS: LEN HARRELL, POLICE CHIEF1 JON SUTHERLAND, BUILDING OFFI(~IAL~ JOEL KRUMM, LIQUOR STORE MANAGER, City Council: The. following Department heads presented their 1998 annual reports to the Len Harrell, Police Chief; Jon Sutherland, Building Official; Joel Krumm, Liquor Store Manager; and Gino Businaro, Finance Director. Mayor Meisel stated she forgot an add-on that Ahrens wanted to add. 1.13 ADD-ON ITEM: LETTER FROM KEITH GRUMAN REGARDING THE .COMMUNITY .CENTER, Ahrens stated she tried to call Mr. Gruman today and tried a dozen times and the phone was always busy. She stated she hates when people write these kinds of letters and not get answers. Hanus stated the only thing we can do is try to educate them to what is really going on and there are times when there is nothing that will get through to them. Brown asked if the occupants at the school have been given a deadline on when to get out. Shukle stated May 1'~ for the community tenants and school district July 1'' for the School District. Brown stated he has heard that someone is putting out information regarding the city council that is not correct. He asked if anything should be done stating that the council is not the reason they are out and the city is not doing anything for them. Mayor Meisel stated we need to continue with our course at the next Committee of the Whole Meeting. Brown addressed concerns about the need for identification badges for the City Council and Planning Commissioners. INFORMATION/MISCELLANEOUS: A. Preliminary Financial Report for the year ended December 31, 1999 as prepared by Gino Businaro, Finance Director. Be Memorandum from Jim Fackler, Parks Director, regarding the 1998 dock payment of Jim Albrecht, Devon Commons. 176 Fe MOUND CITY COUNCIL MINUTES- FEBRUARY 23, 1999 E-mail from Jim Strommen, Kennedy and Graven, re: Right of Way issues at the Minnesota Public Utilities Commission. Jim staffs the Suburban Rate Authority (SRA), an organization in which we are a member. Economic Development Commission Minutes of January 21, 1999. Lette~' from Hennepin County Commissioners, announcing appointments to'the Minnehaha Creek Watershed District. Information from the Hennepin County Assessor that was requested at the February 16, 1999, Committee of the Whole Meeting Planning Commission Minutes of February 8, 1999. REMINDER: March Committee of the Whole meeting has been rescheduled for Tuesday, March 2, 1999, 7:30 p.m. The only agenda item will be a discussion regarding the community center. MOTION made by Brown, seconded by Ahrens to adjourn at 10:47 P.M. The vote was unanimously in favor. Motion carried. Manager Edward J. Shukle, Jr., City Attest: City Clerk 177 BYLLS February 23, 1999 Batch 9019 4,299.2I Batch 9020 139,417.00 TOTAL BILLS $$ 143,716.21 G z z I--,O g CD 0 o~ ~o U ~m c z r 4 F- IX; oooo~o ~o 0 z o~ o~ ? .o z~ I--C I C (::cz ZZ "13"1'1 m 0 i *-4 MOUND CITY COUNCIL MINUTES- FEBRUARY 23, 1999 THIS PAGE LEFT BLANK INTENTIONALLY, 195