1994-10-11October 11, 1994
MINUTES - MOUND CITY COUNCIL - OCTOBER 11, 1994
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
October 11, 1994, in the Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and
Ken Smith. Councilmember Phyllis Jessen was absent and excused. Also present were: City
Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City
Planners Mark Koegler and Bruce Chamberlain, City Engineer John Cameron and the following
interested citizens: Alex Bussey, Brian Cathers, Dana McVay, Becky McVay, Andy Shukle,
Tom Cathers, Stacy Cathers, Sue & Steve Cathers, Mark l_x~cken, Jackie Locken, Sarah Locken,
Tony Locken, Mark & Meaghan Bussey, Tom Reese, John Boyer, John Blumentritt, Judd
Broyer, Ron Johnson, Trude Turnquist, and Everett Junge.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.0 PRESENTATION TO BRIAN CATHERS
Sergeant John McKinley stated that because of eleven year old Brian Cather's quick thinking and
calm response, a catastrophe was avoided when seven year old Tony Locken fell from a tree and
became impaled four feet off the ground on a post.
The City Council commended Brian Cathers and presented him with a Certificate of
Recognition.
1.1 INTRODUCTION OF NEW POLICE OFFICER
Sergeant John McKinley introduced the newest Police Officer, Sam Nelson.
1.2 MINUTES
1.3
MOTION made by Smith, seconded by Jensen to approve the Minutes of the
September 27, 1994, Regular Meeting, as submitted. The vote was unanimously in
favor. Motion carried.
PUBLIC HEARING: TO CONSIDER MODIFICATIONS TO THE ZONING
ORDINANCE, SECTION 350:645, RELATING TO THE RECENT CHANGES IN
THE SHORELAND MANAGEMENT ORDINANCE
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October 11, 1994
Mark Koegler, City Planner, explained that when minor changes were made in the Shoreland
Management Ordinance there was a change in impervious cover. Impervious cover restrictions
are also found in Section 350:645 of the Zoning Code and this provisions needs to be modified
for consistency with the Shoreland Management Ordinance (Section 350:1225, Subd. 6 (B) 1.
Current language reads as follows:
Subd. 1. Lot Coverage. Impervious surface coverage of lots shall not exceed 30 percent
of the lot area. Open patterned decks and stairways shall be counted as 50 percent
impervious cover providing that they are installed over a permeable surface. Those
constructed over an impermeable surface or are impermeable themselves shall be counted
as 100 percent impervious cover.
The above would be omitted and replaced with the following:
Subd. 1. Lot Coverage. Impervious surface coverage of lots in residential zones shall
not exceed 30 percent of the lot area. On existing lots of record, impervious coverage
may be permitted to up to a maximum of 40 percent consistent with the provisions
identified in Section 350:1225, Subd. 6 (B) 1.
Ahrens moved and Smith seconded the following:
ORDINANCE//71-1994
AN ORDINANCE AMENDING SECTION 350:646,
SUBD. 1, RELATING TO CONSISTENCY WITH THE
SHORELAND PROVISIONS IN SECTION 350:1225,
SUBD. 6 (B) 1
The vote was unanimously in favor. Motion carried.
1.4 CASE g94- : APPROVAL OF FINAL PLAT FOR PELICAN POINT, BOYER
DEVELOPMENT CORP.
City Planner, Bruce Chamberlain, reviewed his report and recommendations, dated October 5,
1994.
Alan Kretman, from RLK Associates representativing Boyer Building Corp., spoke about study
on the two wetlands and stated that a professional wetland consultant has investigated the site
and prepared a report which will be submitted to the Minnehaha Creek Watershed District for
the review.
John Blumentritt, representative of Boyer Building Corp., spoke about the boat dockage issue
with the LMCD. He presented 5 different plans for the 40 docks they are requesting. He stated
this was done for the LMCD as options. The Council stated they would continue to support the
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October 11, 1994
Developer in his request for 40 docks off the mainland.
The Council asked that the City Attorney and the Developer take some time tonight and redo
parts of the final plat resolution to include some of the options for the dockage so that the
LMCD has a clear picture of what is being approved.
The Council moved on to the next item on the Agenda and will return to this item later in the
meeting.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.5 RESOLUTION CANCELLING THE LEVY ON GENERAL OBLIGATION
IMPROVEMENT BONDS OF 1978 IN THE AMOUNT OF $11,633.00.
The City Manager explained that there are sufficient funds to cover the principal and interest due
in 1995 so this levy can be cancelled.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION ~)4-137 RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS
OF 1978 IN THE AMOUNT OF $11,633.00
The vote was unanimously in favor. Motion carried.
1.6 RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES.
Smith moved and Johnson seconded the following resolution:
RESOLUTION//94-138
The vote was unanimously in favor.
1.7 PAYMENT OF BILLS
RESOLUTION APPOINTING ADDITIONAL
ELECTION JUDGES AS RECOMMENDED FOR THE
GENERAL ELECTION, NOVEMBER 8, 1994
Motion carried.
MOTION made by Jensen, seconded by Smith to authorize the payment of bills as
presented on the pre-list in the amount of $67,180.27, when funds are available. A
roll call vote was unanimously in favor. Motion carried.
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October 11, 1994
INFORMATION/MISCELLANEOUS:
A. Department Head Monthly Reports for September 1994.
B. L.M.C.D. Representative's Monthly Report for September 1994.
C. LMCD mailings.
De
LMCD - Ordinance Relating to Shoreline Requirements and Calculations of Boat Storage
Density on Lake Minnetonka.
E. Final Report of the 1992 Lake Minnetonka Lake Access Task Force - LMCD.
Fe
REMINDER: Committee of the Whole Meeting, Tuesday, October 18, 1994, 7:30
P.M.
1.4
CASE //94- : APPROVAL OF FINAL PLAT FOR PELICAN POINT, BOYER
DEVELOPMENT CORP,
The City Attorney and returned and presented the amendments to the final plat resolution for
Pelican Point. The NOW, THEREFORE, BE IT RESOLVED portion of the resolution will now
read as follows:
A. Final plat approval is hereby granted for Pelican Point Multi-Family Residential
Subdivision under PDA requirements, as requested by Boyer Building Corporation subject to
compliance with all of the conditions found in the City Engineer's report dated August 18, 1994,
set forth and incorporated herein as part of the document, all the conditions of the preliminary
plat approval (Resolution//94-78) set forth and incorporated herein as part of the document and
the following conditions;
The Developer shall secure all applicable permits as defined by the City Engineer from
all entities with jurisdiction over this project.
e
Permits for docks shall be obtained from the DNR and LMCD for the construction of 40
docks to serve the development. The City strongly favors Plan "A" which has been
presented to this City Council and which results in the construction of 40 dock slips off
the mainland, a copy of which is attached hereto and made a part of this resolution. It
is understood that dock density is being used from that part of Outlot C which is called,
"the island", to complete the 40 dock slips. In the event the DNR or the LMCD do not
approve Plan "A", the Council approves Plan "B", a copy of which is attached. This
would result in 28 docks being constructed off the mainland and would allow the
construction of 12 dock slips off the most northerly part of that part of Outlot C, referred
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October 11, 1994
to as "the island". In either event, a Conservation Easement shall be prepared and
dedicated to the public which keeps that part of Outlot C, which is referred to as "the
island", in a natural state and will prevent all construction of any structures on that part
of Outlot C, called "the island", except the limited area necessary to access the 12 dock
slips if Plan B is necessary.
The Council is approving 40 dock slips and strongly requests the DNR and the LMCD
to approve Plan A. The applicant has argued that the land would allow 57 dock sites off
the mainland and the island and the Council is not precluding an application for more
than 40 dock sites if Plan A or Plan B are not approved by the DNR and the LMCD.
Park dedication fees shall be collected in the amount of $124,000 prior to filing of the
final plat.
No construction activity shall occur on the site until all applicable provisional or final
permits have been issued by the Minnehaha Creek Watershed District and other
applicable agencies.
The Developer shall provide the City Attorney with Homeowner's Documents and
Declaration of Covenants for his review and approval. The Developer shall also provide
the City Attorney with information necessary to conduct a title search and make a clear
title opinion, all prior to filing of the final plat with Hennepin County.
Lot 8, Block 2 on the final plat shall reflect a modification to the utility easement as
defined by the City Engineer.
Prior to any work on the site, the Developer shall sign a development contract furnished
by the City. The development contract shall stipulate that construction of all items
covered by said contract shall be completed within a specified period of time and shall
require compliance with all City Codes not modified by this resolution. As part of the
development contract, the Developer shall furnish the City with a performance bond, an
irrevocable letter of credit, or other form of security approved by the City Attorney in
the amount of 125% of the cost of all applicable public improvements necessary to be
completed prior to filing the final plat. The Developer shall also provide the necessary
escrow funds required in Section 330:30 of the City Code.
The Declaration of Covenants shall be amended to include a description of bluff area
limitations as stated in the Mound Shoreland Management Ordinance. The Covenants
shall also include a map showing designated bluff areas.
The plat shall be filed with Hennepin County within 240 days of the City Council
approving the final plat (October 11, 1994).
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October 11, 1994
10.
Certificates of Occupancy will not be issued for homes in the subdivision until utilities
and access servicing the homes are approved by the City Engineer, Fire Chief and
Building Official.
11.
Revegetafion of the storm drainage ditch at the north end of the site shall be
accomplished using primarily native species conducive to growth in this location.
Instructions to this effect shall be included in the construction documents submitted to the
City Engineer.
12.
Construction and maintenance of the site shall adhere to MPCA Best Management
Practices. Construction documents submitted to the City Engineer shall reflect said
BMPs.
13.
The Developer shall submit to the City Engineer, along with construction documents a
tree protection plan prepared by an urban forester or arborist. In addition, an urban
forester or arborist shall supervise construction to insure the proper protection of
vegetation.
BE IT FURTHER RESOLVED that such execution of the certificate upon said
plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith
by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith
without further formality, all in compliance with M.S.A. 462 and the City of Mound Code of
Ordinances.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION//94-136
RESOLUTION GRANTING FINAL PLAT APPROVAL
FOR PELICAN POINT MULTI-FAMILY
RESIDENTIAL DEVELOPMENT UNDER PLANNED
DEVELOPMENT AREA (PDA) REQUIREMENTS
The vote was unanimously in favor. Motion carried.
MOTION made by Smith, seconded by Ahrens to adjourn at 9:05 P.M.
was unanimously in favor.
Attest: City Clerk
The vote
Motion carried.
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BILLS
October 11, 1994
BATCH 4094 $67,180.27
Total Bills $67,180.27