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2000-02-08MINUTES ' CITY COUNCIL-FEBRUARY 8, 2000 The City Council of the City of Mound, Henncpin County, Minnesota, met in regular session on Tuesday, February 8, 2000, at 7:30 P.M., 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 Attorney John Dean, Acting City Manager Fran Clark, Parks Director Jim Fackler, Assistant City Planner Loren Gordon, and Secretary Carla Wirth. The following interested citizens were also present: Richard Oliver, Nancy Clough, David Mongeon, Peter Meyer, Thomas Stokes, Steve Behnke, Steve Hewitt, Kristyn Schmitz, Vern Hanson, Larissa Tadauarthy, and Lorrie Ham. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. OPEN MEETING - PLEDGE OF ALLEGIANCE The Mayor opened the meeting at 7:33 P.M. and welcomed the people in attendance. The pledge of allegiance was recited. APPROVE AGENDA AND CONSENT AGENDA Councilmember Brown stated he would like Item D removed from the Consent Agenda. Councilmember Weycker stated she would like Items A and B removed from the Consent Agenda. The Acting City Manager added Item 3J, Resolution Consolidating Pool Selection Committee Recommending that CDBG Funding of Westonka Community Action Network (WECAN) be Continued. MOTION by Ahrens, seconded by Hanus, to approve the agenda and consent agenda with the removal of Items A, B, and D and addition of Item J. The vote was unanimously in favor. Motion carried. 5-0. CONSENT AGENDA COMMITTEE OF THE WHOLE MINUTES FROM JANUARY 18, 2000 This item was removed from the Consent Agenda. 109 MOUND CITY COUNCIL MINUTES -FEBRUARY 8~ 2000 · *1.0 MINUTES FROM JANUARY 2~, 2000. REGULAR MEETING This item was removed from the Consent Agenda. MINUTES FROM JANUARY 31.2000. spECIAL MEETING MOTION. Ahrens, Hanus, unanimously. *1.1 SET DATE FOR PUBLIC HEARING CASE 99-45: CONDITIONAL USE PERMIT TO ALLOW AN ADDITION TO MOUNT OLIVE LUTHERAN CHURCH: 5218 BARTLETT BLVD.. BLOCK 2. TRACT A & PART OF BLK 2 SHIRLEY HILLS UNIT D. 62050. PID # 24-117-24-21-0036 MOTION. Ahrens, Hanus, unanimously. · 1.2 RESOLUTION AUTHORIZING SUBMITTAL OF 2000 GRANT APPLICATION FOR RECYCLING AND EXECUTION OF GRANT AGREEMENT RESOLUTION #00-17 RESOL~ION AUTHORIZING SUBMITTAL OF 2000 GRANT APPLICATION FOR RECYCLING AND EXECUTION OF GRANT AGREEMENT. Ahrens, Hanus, unanimously. '1.3 RF_~OLUTION APPROVING THE CREATION OF PUBLICLY-TRADED COMPANY BY MEDIACOM LLC, PARENT OF MEDIACOM MINNESOTA LLC. CABLE TELEVISION FRANCHISEE, RESOLUTION//00-18 RESOLUTION APPROVING THE CREATION OF PUBLICLY-TRADED COMPANY BY MEDIACOM LLC, PARENT OF MEDIACOM MINNESOTA LLC, CABLE TELEVISION FRANCHISEE. Ahrens, Hanus, unanimously. 110 MOUND C1TY COUNCIL MINUTES -FEBRUARY 8~ 2000 *1.4 RF~OMMENDATION$ TO THE CONSOLIDATED POOL SELECTION COMMITTEE ON CDBG FUNDING. RESOLUTION//00-19 RESOLUTION FROM THE CITY OF MOUND TO THE CONSOLIDATED POOL SELECTION COMMITTEE THAT CDBG FUNDING OF SENIOR COMMUNITY SERVICES' WESTONKA SENIOR CENTER BE CONTINUED. Ahrens, Hanus, unanimously. ESOLUTION NO. 00-20 RESOLUTION FROM THE CITY OF MOUND TO THE CONSOLIDATED POOL SELECTION COMMITTEE RF~OMMENDING THAT CDBG FUNDING OF WESTONKA COMMUNITY ACTION NETWORK OVECAN-) BE CONTINUED Ahrens, Hanus, unanimously. · 1.5 PAYMENT OF BILLS MOTION. Ahrens, Hanus, unanimously. 1.6 MINUTES OF THE JANUARY 18. 2000. CO~E OF THE WHOLE MEETING CouncilmemberWeycker requested the following correction to the January 18, 2000,Committee of the Whole meeting minutes: Page 459, 6th paragraph, last sentence: reword to indicate "Councilmember Weycker stated this is the res_oonsibility of the Council Liaison." Councilmember Hanus requested the following correction to the January 18, 2000 Committee of the Whole meeting minutes: Page 6, 3rd paragraph, reword to indicate "The consensus of the Council was that they would rather see park dedication on large new developments come in the form of land, rather than money." ttt MOUND CITY COUNCIL M~'UTES -FEBRUARY 8, 2000 1.7 MINUTES OF THE JANUARY 25. 2000. REGULAR MEETING Councilmember Weycker requested the following corrections to the January 25, 2000 Regular meeting minutes: Page 4, 2"~ paragraph, first sentence: (make correction as previously indicated) "Councilmember Weycker stated Mr. Alwin had every intention of preserving the complete 27 acres in the City of Mound." Page 6, 2nd paragraph: reword to indicate "Councilmember Weycker stated in 1997 when the dock commission was first formed then Mayor Polston stated he could only su?_~rt creating this commission because of the make up of its members. At that time. he was ~h~ Council rep to the dock commission. He was also not a current user of the dock program, Having Councilmember Hanus on the DCAC changes the makeup of the commission because he is also an abutting pro_oerty owner." Page 6, 6'~ paragraph, delete entire paragraph. Councilmember Hanus requested the following corrections to the January 25, 2000 Regular meeting minutes: Page 14, 5th paragraph, reword to indicate "Councilmember Hanus stated the only new home in this area that has been built has been with a combination of two lots, making it conforming in size. He stated the other sites mentioned by Mr. Coddon were in R-1 and were larger lots to begin with. Therefore, they had more room to work with. Councilmember Hanus further stated this lot is a smaller lot to begin with. He stated the garage would have to be established on the site or rear of this lot." MOTION by Weycker, seconded by Hanus, to approve the minutes of January 18, 2000, Committee of the Whole meeting (Item 1.6) and the minutes of January 25, 2000 Regular meeting (Iteem 1.7), as amended. The vote was unanimously in favor. Motion carried. 5-0. 1.8 CASE 99-47: RESOLUTION TO APPROVE FRONT YARD. SIDE YARD. LOT AREA AND HARD(~QVER VARIANCES FOR REMODELING AND ADDITIONS TO AN EXISTING RESIDENCE FOR STEPHEN L, HEWITT, AT 4849 ISLAND VIEW DRIVE, BLOCK 14, LOT ;~, DEVON, ~7~70, PID 25-11%24-11-0036 Councilmember Brown noted the conditions being imposed which includes that a private driveway easement must be secured for the proposed driveway and adjacent driveway on the property located at 4853 Island View Drive to allow cross access. He requested the following sentence be added to condition lb: "Also, prior to granting any permits, this easement must be secured." ~OUND CITY COUNCIL MINUTES -FEBRUARY 8~ 2000 City Attorney LeFevere agreed that prior to granting any permits this private easement between the applicant and his neighbor should be secured and tiled on the properties. He cxplain~ thc CoUncil want~xl to make sug thcr~ is ad~lUat~ access into both prolgrtics. Councilmember Hanus stated that is true of conditions la and lb since they may not want to spend money on their grading and drainage plans until it is approved. ' Councilmember Ahrens noted 'this is consistent with other situations where easements need to be negotiated to assure it is obtained and filed prior to building permit issuance. Brown moved and Hanus seconded the following resolution as amended above: RESOLUTION//00-21 RESOLUTION TO APPROVE FRONT YARD, SIDE YARD, LOT AREA AND HARDCOVER VARIANCES FOR REMODELING AND ADDITIONS TO AN EXISTING RESIDENCE FOR STEPHEN L. HEWITT, AT 4849 ISLAND VIEW DRIVE, BLOCK 14, LOT 3, DEVON, 37870, PID # 25-117-24-11-0036, P & Z CASE g99-47 The vote was unanimously in favor. Motion carried 5-0. COMMENTS AND SI. IGGE$TIONS FROM CITIZENS PRESENT (PLEASE LIMIT TO 3 MINUTES PER SUB.IECTL Peter Meyer, 5748 Sunset Road, invited the Mayor and Council to enjoy the community skating rink for the last few weeks of the ice skating season. He stated he hopes the referendum passes and the City can worl~ towards keeping that area park land. There were no other comments or suggestions from citizens present. 1.9 PUBLIC HEARING; TO CQNSWER VACATION OF UNIMPROVED WATERFORD ROAD ADJACENT TO 25~17 AND 2541 WEXFORD LANE LOCATED WITHIN ,THE R-2 SINGLE OR TWO FAMILY RESIDENTIAL ZONING DISTRICT. BLOCK 7. LOTS 1.2.3.15 & 16. PID #'S NQT YET ASSIGNED. SETON. P& Z CASE #99-41. The City Planner advised that this is a public hearing for the vacation request which is prompted by the desire of the property owner to have private lakeshore frontage and reduce LMCD variances to put in a dock. The area requested for vacation is located in the Seton development just south of its intersection with Longford Road. A survey shows the proposed area adjacent to Lots 14 and 15 of Block 7, Seton, measuring 89.09 feet in length. The 119 MOUND CITY COUNCIL MIHUTES -FEBRUARY 8t 2000 right-of-waY, has a 30-foot width. If, Vacated, the adjacent properties, 2537 and 2541 Wexford Lane, would. receive the full 30-foot width because property west of Waterford is city owned. ,. The City Planner, advised that the proposed dock would be a three-finger dock originating from the south lot' of the twinhome parcel. The south parcel has about 42 feet of lake frontage and is afforded dock rights with LMCD approval. The applicant has submitted an application to the LMCD for variances to length (350 foot dock when t00 foot is the maximum), dock use irea, and side setbacks (the convergence of the extended property lines restrict channel access). The Assistant City Planner noted if the road is vacated they are not looking for a private dock but a joint dock used by both owners of the property. The LMCD board has given conditional approval of the dock variance request based on the City's action regarding Waterford Lane. Based on LMCD regulations, if Waterford Lane is vacated the Board would not need to grant a sideyard setback variance. If that portion of Waterford Lane remains with the City, the Board would need to consider granting a variance for a sideyard setback. It appears that the dock will receive the necessary approvals to be built regardless of the action the City chooses to take. The City Planner explained that the issue at hand for the Council is a matter of shoreline policy and resulting public benefit. This particular right-of-way is like many others in channel areas where there are platted streets that are underwater. The reviews of the three City Commissions have taken place. The Planning Commission was the first group to review the application and recommends approval of the vacation request. The Park and Open Space Commission recommends denial of the vacation request, viewing it as not in the City's best interest since it would result in a loss of public shoreland which would reduce the City's total lineal frontage. The Docks and Commons Commission considered the value added to the property and the City's tax rolls and recommend approval of the vacation request. He stated these recommendations supported staff's recommendations. It was noted that the DNR Waters Division has no opposition to the vacation since most of Waterford Lane is below the 929.4 lake level and has no impact on their jurisdictional issues. However, the DNR Trails and Waterways strongly recommended denial of the vacation request citing that standards for public use and access would be significantly compromised. The City Planner stated this case relates to the dock issue and if there is a benefit to the public with Waterford Road as it is today. If the Council fmds no benefit in keeping Waterford Road as a public right-of-way then there is reason to vacate it. He noted that his recommendation today is different than he recommended before the Planning Commission last November. He stated that he found there does seem to be relationship with public good, not that Waterford Road will be a street or trail system in the future, but this portion of Waterford Road requesting to be vacated does serve to keep lineal footage in the docks program. The City Planner stated this may be different than the issues reviewed by the Planning Commission or the Dock and Commons Commission but it is an issue. He stated that if the Council wants to keep all of its options open in the docks program, it may be better to not consider vacating. MOUND CITY COUNCIL MINUTES -FEBRUARY 8~ 2000 \ . Tile Acting City Manager noted the letter from Martha Reger, DNR Area Trails and Waterways Supervisor, was not available to the Planning Commission during their review. Councilmem~r Hanua noted the letter from MS~ RCger was viewed by the Planning Commission during their second review of this application. The Acting City Manager stated there was an impression that this roadway is under water but that is not the case, it is above the ordinary high water mark. Councilmember Brown stated that some of it is under water. He noted that one of the things that appears to be different now is that during the Planning Commission meetings it was stated that this property and the frontage was not included in the dock program and has never been included. He noted several references in their meeting minutes that verified that indication. Councilmember Brown stated that now it is being indicated that it is included in the dock program. The Parks Director explained that a few years ago they were looking to get a number on the totally owned footage in the program and investigated the possi$ility of doing a survey but the cost was quite expensive so, to his best knowledge, they determined what lands do exist that are dry above 929 without the benefit of a survey. He stated that the City now knows the property in question is above 929 ~and could be counted in the dock program. Councilmember Weycker noted all the numbers are estimates since a survey was not done so the issue is not whether it is or is not in the dock program but, 'rather, that it could be in the program. The Parks Director stated that is correct. Councilmember Brown stated the Planning Commission was looking at BSU and that it would take away from the BSU units. But, then they realized it was not taking away anything according to the information they had before them which indicated it was not counted in the lineal footage. Councilmember Hanus stated the Dock and Commons Advisory Commission did talk about value but that was not the majority of the discussion v~hich had to do with the 3/4 BSU, the 38 feet, and its impact relative to the program. He asked about the statement on Page 510 indicating it appears the dock will receive the necessary approvals regardless of the actions the City takes. The City Planner stated he talked with Greg Nybeck of the LMCD and asked where the application stood. Mr. Nybeck said it is a conditional approval for dock length variance and dock use area, dependent on vacation. He stated it was Mr. Nybeck's opinion that they would approve it one way or the other. Councilmember Ahrens stated she also spoke to Greg Nybeck who is the Executive Director but does not vote. She noted there are 14 board members who vote and Mr. Nybeck does not have a "crystal ball." She stated she believes this is why the vacation is being requested of the City Council; strong concern about the LMCD giving a third variance. Councilmember Ahrens stated that this issue has been before the LMCD three times as well as before the Council. She stated she questions whether or not the LMCD would grant MOUND CITY COUNCIL MINUTES -FEBRUARY % 2000 approval which is why this ap~.lication is back before Jhe Council again. Councilmember Weycker stated the LMCD had noted this could be a more conforming dock and requested it be moved over toget away from the side setback variance.. However, that results in a longer length so she believes the LMCD is creating the need for that one variance. Councilmember Ahrens stated that' is being caused by the dredging issue since the LMCD does nor want to impact the ecosystem. Councilmember Brown stated the Planning Commission heard they do not want any dredging and would prefer a variance to dredging. Councilmember Ahrens stated that is what the DNR has advised the LMCD, they prefer a longer dock than dredging. Councilmember Hanus stated the only valid debate is the 3/4 BSU and nothini else. Councilmember Brown asked if there is a way to vacate the road and keep it as commons to allow the dock. Councilmember Ahrens stated the lineal footage has to be under the City's control to be added to the count. Mayor Meisel opened the public hearing at 8:06 p.m. Steve Behuke, representing Richard Oliver, stated he wanted to make a number of corrections to the staff report. He stated they are not dealing with two land owners but, rather, three since the property owner to the south has asked to be included as well. Mr. Behnke pointed out the location of Jim Peterson's property, the twin home, and advised that all three parties have decided to participate in this 3-slip (not finger) dock. He stated two of the involved property owners had commons docks at the start of the process but would give up their common dock to use this private dock. The new party just moved into Mound and plans to get a slip on this private dock and not take a common dock. Mr. Behnke .stated the issue of shoreline is valid but noted this is about 1.5 feet wide and 50 square feet of land. He stated the dock itself, per the LMCD approval, is not 350 feet but 348 feet 'is the maximum the LMCD approved and the applicant was strongly directed to stay under that. It is now about 280 feet. He stated two variances are conditionally approved. He noted the small triangular area that identified their dock use area, explaining it is to swing that area out into the lake. The second variance is for the length beyond 100 feet which they are allowed. The third setback variance has not been approved and will not be considered until this land is vacated. He stated there have been a number of times where the staff and LMCD have differing opinions. He stated he would not want to "test the waters" with another vote of the LMCD since it was not a unanimous vote to approve the variances. 116 MOUND CITY COUNCIL MINUTES -FEBRUARY 8, 2000 He advised the vote was a 1/3-2/3 vote to appro~'e the request with two variances. Councilmcmbcr Hanus asked how that is effected by' the vacation issue. Mr. Behnke stated it assumes thc City .will vacate and cxpl'aincd that at thc lO0-foot linc there is not a setback issue. Councilmember Hanus stated if th6re is no vacation, the setback has to be taken from that' piece of property or a variance is needed. Mr. Behnke stated he found the DNR letters as contradictory regarding access issues. He stated the BSUs issue was discussed a lot and his own observation is if the City vacates they may lose 3/4 of a BSU but would gain 2-3 common dock spaces for someone else to use which is a positive; Councilmember Brown stated that this is a 3-slip dock. Mr. Behnke stated that is correct. Councilmember Brown stated there have been cases where two additional boats tie up making it a five boat dock and asked if it will be written up for only three boats. Mr. Behnke stated it would be and since there will be only minimal dredging, he does not think additional boats would be able to dock. Councilmember Hanus stated that is an LMCD issue so it does not matter to him how it is registered. Mr. Behnke stated the dock that was registered originally landed at Longford Road so the City requested it be moved to a spot off the City right-of-way. He suggest~ that the construction at that point brought it to the LMCD's attention. Mr. Behnke suggested that the dock would have been able to exist in its original form if not requested by the City to relocate it as part of the twinhome approval. Thomas Stokes, 5201 Waterbury Road, stated that Mr. Oliver has moved into 2541 Wezford one-half of the twinhome and Francis & Jean Herman have moved into the other half, 2537 Wexford. He stated that they would not be here if they did not believe Council approval was needed to get the dock. He stated that he hopes some consideration is given to Mr. Oliver who bought a problem property, tore down the old house, and constructed a very nice addition in this neighborhood. He stated that this was an economic risk and to not have a dock would be a detriment to that property. Mr. Stokes stated he would think Mound would want to encourage this type of investment and redevelopment. He restated they would not be before the Council if they thought the LMCD would consider another variance. Councilmember Weycker asked if the LMCD has ever denied dock rights to ~an. abutting property owner. Mr. Stokes commented on another case where it was stated that a property owner has rights to use the lakeshore with a dock. Councilmember Weycker stated she would agree with that opinion and noted the variance is being created by the LMCD's desire to limit dredging. Mr. Stokes explained that was a compromise for a minimal dredge and minimal amount of dock, which determined the placement of the dock. ti? MOUND CITY COUNCIL MINUTES -FEBRUARY 8, 2000 o Councilmember Ahrens stated what is at issue is whether to vacate the road arid asked if. there was a reason to vacate tho ro,4td. She stated she dOes not think {he c/jUncil should say where to place the dock but, as a Council of a lake community, they should be concerned about minimal.destruction to the shbreline and ecosystem. Mr. Stokes stated some staff memos say the footage is in the dock program while others say it is not included but, as far as they can tell, it has not ever been counted and is not counted now so there should' be no 'impact on the lineal footage. He stated that otherwise, the City would have to conduct a survey and make that determination of the exact footage. Councilmember Weycker stated that is correct but the survey is cost prohibitive and the City is not willing to spend the money for it. She stated it could effect the count since it is an estimate. Mr. Behnke stated it is only about one boat and in exchange three common docks would be available for others to use. Councilmember Ahrens stated a decision cannot be made on numbers that may come up next month or next year and asked that the Council address the vacation request and whether it is in the public good for the City to keep this property. Peter Meyer, 5748 Sunset Road, agreed with the comment about sticking with the vacation issues. He stated it would result in the loss of 38 feet of shoreland which is included it the park land and nature count. He stated that even though the City's population has increased from 6,500 to about 10,000 today, the City dOes not have football or soccer fields or City- supported skating rink so he dOes not see where an increased tax base over the last 30 years has improved the City's parks for the kids. He stated he dOes not "buy" the tax base issue. Mr. Meyer stated he is against the vacation and asked how a vacation would benefit the community. Councilmember Hanus agreed the tax base comment is a non-issue. Councilmember Brown stated the tax base has gone up and noted the resulting improvements to the Fire Department which increases the quality of resident's life, including increased community services and Police protection. Mr. Behnke stated the public benefit is the three commons docks that'would be opened for other Mound residents. Mayor Meisel closed the public hearing at 8:21 p.m. Councilmember Hanus noted the Reger letter mention of a court case involving a vacation in which the court said "not capable of serving any public purpose" but he found that to be ambiguous. He stated it boils down to a very subjective, almost personal, opinion. With regard to wildlife, he noted the area is only 50 square feet. He asked if the' area is mowed 118 MOUND C1TY COUNCIL MINUTES -FEBRUARY 8~ 2000 or dirt. Mr. Stokes stated it is weeds and a few tre~. Councilrnember Weycker stated it is only 50 square feet and only one variance on paper as opposed to 38 feet which is a clear benefit to the dock pwgram and the publit:. Councilmember I-Ianus stated there is also a benefit to the Public who lives there, a cost benefit for a less expensive dock, and a benefit in that it is easier to get to. He stated that he is also looking at the loss to the public if it is vacated. Councilmember Hanus noted the applicants have a purpose for it and questioned what the loss is to the public if it is vacated. Mayor Meisel asked staff to justify why to not vacate. The Parks Director stated total lineal footage count is an issue and what is happening on Woodland Point is an issue since it will reduce the current 100 boat buffer. He stated there will be a point in time when the City will have to look at the 474 sites and make sure the boat count does not exceed the number allowed by the LMCD. He stated another thing helping is that approximately 49 dock sites did not list a boat so that was not counted. He agreed it is difficult to estimate what it will be next year but he believes it will go up with the current developments. Councilmember'Ahrens stated at a COW meeting the idea was raised about counting ail lineal footage or counting just useable lineal footage. Since that discussion has not yet been held, she does not know the philosophy of the Council as a whole but stated she would not consider this footage as useable. Mayor Meisel stated that is also her argument as well because it comes down to being 38 feet and she questions how useable it is. She stated she aiso does not want to hurt the dock program, which makes this decision difficult. The Parks Director stated it would be devastating to consider just the useable footage and explained that what ailows the number of sites is the unusable areas. He explained that this is why Woodland Point has an impact, since ail of the unusable lineal footage still counts towards the number ailowed and provides the buffer. Councilmember Weycker stated that says to her that if it is vacated, it will hurt the dock program. Councilmember Ahrens noted there was a unanimous vote for a street vacation on Island View Drive where the City did not intend to use the easement as a road so it was vacated. Councilmember Brown stated that was Hanover Road. Councilmember Ahrens asked where the public good was in that vacation, except to the 119 MOUND CITY COUNCIL MINUTES -FEBRL~ARY 8, 2000 abutting property owner who got one-half'of a lot. The City Attorney explained that it is a two-pronged test, the first being that there is a, definite public benefit in leaving the street in its current unvacated condition. If it is a definite benefit then you don't vacate. However, if you.conclude there is no pul21ie benefit, then the r~ext question is if mere is benefit in vacating the street. Clearly the couffx have recognized that roads that go into navigable waters carry a higher stand,~r, d'when considering vacation than other roads that do not go into navigable waters having to do with access. He explained there are other suitable appropriate access nearby to this one and this particular street probably has never served as a useable access point to the lake. The City Attorney stated the typical challenge to vacation into navigable waters may not be present here but his question is if the Council believes the loss of 3/4 BSU is a significant factor to be considered. He stated there has been comment made that the lineal footage is not currently counted but could be counted. He explained that some cases dealing with access to streets abutting water addresses streets that could be used for that purpose but have not been used for a long period of time and the courts have held the important consideration is that they could be used for that purpose. Councilmember Ahrens noted that not vacating could benefit someone else to 3/4 BSU or vacation could benefit three residents. She stated the public benefit may not be to the benefit of all the public. Councilmember Weycker stated to deny does not prohibit the dock and she thinks LMCD has not ever denied a lakeshore owner the benefit of a dock. Councilmember Ahrens stated she does not know if they have ever denied anyone a dock but the LMCD is making rules so it will be more difficult to get a dock. Councilmember Hanus added that the LMCD does not like to grant variances. Councilmember Weycker asked if this is granted, what would prohibit someone else by a platted road under water from asking for the same thing. Councilmember Hanus stated it is on a case-by-case basis consideration. Councilmember Weycker asked how another request could be denied and noted that the LMCD is creating the need for the variance since they prefer to dredge less, which she supports, but she does not believe it is a benefit to these three people since they will get the dock anyway. Councilmember Brown stated this property is not benefiting anyone at this time. Councilmember Weycker stated without a survey it is not known what the footage is so that can not be determined. MOUND CITY COUNCIL MINUTES -FEBRUARY 8, 2000 Councilmember Brown stated that with what was shown at the Planning Commission meeting, this property benefits no one at this time. Councilmcmber Weycker stated if it is not in the program now, that does not mean it cannot be included in the future. Councilmember Brown stated that right now it is not included and that has been prOvided in writing before the Planning Commission. Councilmember Hanus stated the DCAC reviewed this and debated the 38 foot issue heavily which he believes is the only issue. He stated they weighed that against the dock program and their determination was that it was so insignificant to the program, they did not feel it was worth hanging onto. Ahrens moved and Hanus seconded the following resolution: RESOLUTION//00-22 ~LUTION TO APPROVE THE VACATION OF OF PORTION OF WATERFORD ROAD ADJACENT TO 2537 & 2541 WEXFORD ROAD, P & Z CASE//99-41 The vote was in 4 in favor, with Weycker voting nay. Motion carried. Councilmember Weycker stated she does not believe this vacation is in the public's interest. 1.10 PUBLIC HEARING CONTINUATION; COMPREHENSIVE pLAN The City Planner noted that as requested by the Council at the November 23, 1999 meeting, this is a continuance of the Comprehensive Plan public hearing. He stated the Council is to consider the Comprehensive Plan and SWMP but that is still in committee before the Planning Commission. He stated the Council can consider approval of the Comprehensive Plan absent the SWMP. The Comprehensive Plan would then be sent to the Metropolitan Council which would take no formal review action until the SWMP is received. This approach would suggest to the Metropolitan Council the City is making a gesture of good faith in submitting the Plan which was due on December 31, 1999. After City approval of the SWMP, it would then be sent to the Metropolitan Council to complete the required submittal information. Only after a complete submittal is received, will the Metropolitan Council start the time clock on the 60-day window for formal review. He advised that a second approach would be to postpone action on the Comprehensive Plan until the SWMP is completed. In that case, a fu~her continuance of the scheduled Public Hearing would be needed. The City Planner stated that a third approach the Council could consider is to take action on both Plans. The SWMP does not need a formal recommendation from the Planning Commission for Council consideration and formal motions of approval would secure approval of each plan. With this option, resolutions would be prepared for the Iii MOUND CITY COUNCIL MINUTES -FEBRUARY 8~ 2000 February 22, 2000, meeting stating the City has approved the Plans and SUbmitted them consistent with provisions provided in Minnesota State Statutes. Councilmember Brown reviewed the Planning Commission discussion and their concern with regard to the buffer zones and storm water management issues. He advised they have been reviewing it page by page. Councilmember Brown stated there has been serious discussion and estimated their recommendation will come before the Council on February 22. ,. .2000~ The Assistant City Planner agreed that the tough issues considered by the Planning Commission have been resolved. Councilmember Weycker suggested acting on the Comprehensive Plan at this time. She noted the Planning Commission was given a deadline and could have scheduled additional meetings. Councilmember Weycker stated that because of this, she would not object to passing both Plans. Councilmember Brown stated the Planning Commission knew about the deadline and could have pushed it through without a thorough review but he believed the SWMP should not be taken lightly. He stated all Commissioners have worked hard to assure this SWMP is a good one for the City and he supports action to table consideration. Mayor Meisel asked if the public heating should be opened if the matter is tabled. City Attorney suggested the audience be asked if they would like to speak. He explained the public hearing would also be continued on the tabled item until that date since the SWMP is a component of the Comprehensive Plan. Councilmember Hanus stated that the draft ordinances reviewed by the Council usually contain underlines and redlines so it is easy to review. He stated he is not prepared to vote on this portion tonight so he would have to vote against it. Councilmember Brown agreed2 The City Planner distributed an inventory list of changes being recommended. Councilmember Weycker asked if the Metropolitan Council has contacted him. The City Planner stated that he has talked to the Metropolitan Council representative and learned that about one-half of the cities are in the same situation. He explained that at first the Metropolitan Council indicated they would issue no extensions but now they have indicated they would issue extensions. Councilmember Brown advised of his interest in drafting a recommendation on companies that spray yards to possibly require use of phosphorous-free chemicals which would help the quality of the lake. MOUND CITY COUNCIL MINUTES -FEBRUARY 8, 2000 The City Planner noted the Planning Commission's recommendations have been presented to the Council. He stated the Parks Commission approved the Parks and Recreation component early last summer and then follow~l up with their c, ommcnts in letter form last November. He stat~l the comments received at the Planning Commission and Council hearings are also included in the handout. The City Planner advised of the language that will be drafted for Council's consideration at the formal adoption. He stated he will prepare a similar handout for the comments on the SWM?. Councilmember Hanus asked for that information to be provided to the Council well before the meeting so it can be reviewed. The City Planner noted the closely scfieduled meetings and stated staff will attempt to do so. Mayor Meisel opened the public hearing at 9:04 p.m. MOTION by Brown, seconded by Ahrens, to table the Comprehensive Plan and the Storm Water Management Plan to February 22, 2000, Council meeting and cont'mue the public hearing on both to the same date. The vote was unanimously in favor. Motion carried. 9-0. 1.11 APPROVAL OF TWIN PARK MULTIPLE DOCK SLIP FOR 2000 The Parks Director advised that funding has been included in the budget as a line item for multiple dock slips. He advised that the Dock and Commons Advisory Commission (DCAC) recommends that a City multiple slip dock be installed at the Twin Park access. They have found by meeting with the current dock site holders and abutting property owners, that an "H~ dock could be installed to accommodate four boats. The site has the size to allow two more slips and the DCAC will review this addition in the future. The site location has 99.8 linear feet of shoreline of which the dock would use 27.5 feet. The LMCD required a ten- foot setback to the private properties be allowed for so a boat with a ten-foot beam in slip 1 and 4 would leave 26.15 feet for the setback. The design will be for two 24 foot by ten foot slips (2 and 3) and two 27.5 foot by ten foot slips (1 and .4). Councilmember Hanus asked about the dollar estimate. The Parks Director estimated between $4,000 to $5,000 for each one. Councilmember Brown commented on a new type of dock material that was displayed at a boat show and asked if high impact plastic material has been researched. The Parks Director stated he has not seen that type of dock material. Councilmember Brown stated he will provide that information to staff. Councilmember Hanus commented on the need to address durability over winter weather conditions. MOUND CITY COUNCIL MINUTES -FEBRUARY 8~ 2000 Councilmember Weycker asked what the cost estimate includes. The Parks Director stated this is within the estimate for previous docks at about $200 to $250 per section plus in and out costs, etc. Councilmember Weycker noted she calculated the cost to be $1,050 per slip~ Mayor Meisel asked if there was anyone present wishing to address the Council on the Twin Park multiple dock site. No comments were made. MOTION by Ahrens, seconded by Brown, to approve the Twin Park multiple dock slip for 2000 which adds an additional slip at this site, from 3 to 4. The vote was unanimously in favor. Motion carried. 5-0. 1.12 APPROVAL OF WATERBURY ACCESS MULTIPLE DOCK SLIP FOR 2000 The Parks Director advised that the Dock and Commons Advisory Commission (DCAC) recommends that a City multiple slip dock be installed at the Waterbury access. They have found by meeting with the current dock site holders and abutting property owners that an 'H" shaped dock could be installed to accommodate four boats. The site location has 65.3 linear feet of shoreline of which 27.5 feet would be used for the dock. There would be five foot setbacks required by the LMCD to the private property while allowing for two 24 foot by eight foot slips, and two 24 foot by ten foot slips at a dock that extends 48 feet into the lake. Mayor Meisel asked if there was anyone present wishing to address the Council on the Twin Park multiple dock site. No comments were made. Councilmember Hanus advised that in discussion at the DCAC, both of these locations were well received with a little apprehension. Councilmember Weycker stated she is pleased they were told they would be limited to one boat. MOTION by Ahrens, seconded by Hanus, to approve the multiple slip dock conKguration for Waterbury Access which adds an additional slip at this site, from 3 to 4. The vote was unanimously in favor. Motion carried. 5-0. 1.13 APPROVAL OF 2000 DQCK LOCATION MAP WITH CHANGES AS NOTED lin ITEM 6 & 7 ABOVE It was noted that the Dock Inspector recommended the following changes to the Dock Location map: MOUND CITY COUNCIL MINUTES -FEBRUARY 8t 2000 Rcmovedock site 61130 at Ridgcwood Park. This dock site came open and removing this site will allow the City to meet LMCD setback requirements. Add. Waterbury multiple slip dock site location. Add Twin Park multiple slip dock site location. MOTION by Brown, seconded by Weycker, to approve the revisions to the Dock Location Map as recommended by staff and indicated above. The vote was unanimously in favor. Motion carried..~-0. The Parks Director noted the addendum listing all the multiple dock sites which now assigns a size to eliminate the problem with larger boats coming into a smaller slip. The Acting City Manager thanked staff for their work in preparing this report which is very useful. INFORMATION/MISCELLANEOUS. A. Preliminary Financial Report for December 31, 1999, as prepared by Finance Director, Gino Businaro B. Communication from Standard & Poor's on Mound's bond rating that is an A C. Economic Development Commission Minutes from January 20, 2000, Councilmember Brown advised that the Economical DevelOpment Commission received three applications to fill the vacancy but, due to winter weather conditions, they extended the interviewing to their next meeting, February 17th. D Results of Community Survey of Tobacco Attitudes E Dock & Commons Commission Minutes from January 20, 2000 F Draft Planning Commission Minutes of January 2, 2000 G. LMCD mailings 1.14 ADD-ON ITEM - LETTER TO NORTHERN HOSPITALITIES The City Attorney read the letter he prepared for signature by Jim Prosser, Ehlers & Associates, Inc., to be sent to Perry Platisha, Northern Hospitalities, Inc., terminating the exclusive rights agreement between the City and Northern Hospitalities. He distributed a copy of this letter and requested permission to forward the letter. MOUND C1TY COUNCIL MINUTES -FEBRUARY 8~ 2000 MOTION by Hanus, seconded by Ahrens, to authorize staff to send the letter from Jim Prosser, Ehlers & .Associates, Inc., to Perry Piatisha, Northern Hospitalities, Inc., terminating the exclusive rights agreement. The vote was unanimously in favor. Motion carried..%0. MOTION by Brown, seconded by Ahrens, to adjourn the meeting at 9:18 p.m: The vote was unsnimously in favor. Motion carried..%0. Francene C. Clark, Acting City Manager Attest: Secretary PAYMENT BILLS DATE: FEBRUARY 8, 2000 BILLS ACCOUNTS PAYABLE BATCH # #0011 #0012 AMOUN'F $126,748.80 $138,041.94 TOTAL BILLS $264,790.74 /,47