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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 485 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 486 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. 487 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 488 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). 489 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. 490 BILLS October 11, 1994 BATCH 4094 $67,180.27 Total Bills $67,180.27