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2008-01-22MOUND CITY COUNCIL MEETING January 22, 2008 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 22, 2008, at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers John Beise and Greg Skinner Members absent: Councilmembers David Osmek and Mike Specht Others present: City Attorney John Dean, City Manager Kandis Hanson, Community Development Director Sarah Smith, City Clerk Bonnie Ritter, City Engineer Dan Faulkner, City Planner Jeff Miller, City Engineering/Planning .Technician Ray Hanson, Bob Lindall, Jim Erickson, Dan Luloff, Barry Wing, Mark Zweber, Chuck Alcon, Brian Benson, Bryan Helland, Jeff Thies, Terry & Linda Adams, John Hughes, Anne Householder, Jerry & Lois Mader, Randy Olson, Dana Jackson, Richard Harrison, Amanda Schwarze. Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separafe discussion on these items unless a Councilmember or citizen so requests, in which event will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting ' Mayor Hanus called the meeting to order at 7:30 pm. 2. Pledge of Allegiance 3. Approve agenda MOTION by Beise, seconded by Skinner to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Beise, seconded by Skinner to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of January 8, 2008 B. Approve payment of claims in the amount of $659,531.72. C. RESOLUTION NO. 08-10: RESOLUTION APPROVING VARIANCE FOR UPPER FLOOR ADDITION AT 4926 GLEN ELYN ROAD D. RESOLUTION NO. 08-11: RESOLUTION APPROVING VARIANCES FOR COMPREHENSIVE HOUSE REMODEL/ADDITION AT 2029 ARBOR LANE E. RESOLUTION NO. 08-12: RESOLUTION APPROVING VARIANCE FOR HOUSE REMODEL/ADDITION (ATTACHED GARAGE) AT 4774 KILDARE ROAD 1 Mound City Council Minutes -January 22, 2008 F. RESOLUTION NO. 08-13: RESOLUTION RATIFYING AND CONFIRMING EXECUTION OF THE FUNDING AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES FOR PHASE IV OF MOUND REDEVELOPMENT PROJECT (TRANSIT DISTRICT) WITH THE MINNEHAHA CREEK WATERSHED DISTRICT AND STORMWATER MAINTENANCE DECLARATION G. ORDINANCE NO. 01-2008: AN ORDINANCE AMENDING SECTION 380 OF THE MOUND CITY CODE AS IT RELATES TO ESTABLISHING LAND USE FEES H. Approve Pay Request No.10 from Graham Penn-Co in the amount of $78,249.32 for the Transit District Parking Facility I. RESOLUTION NO. 08-14: RESOLUTION APPROVING AN EXTENSION OF THE LICENSE AGREEMENT #A14569 WITH HENNEPIN COUNTY (EPDB) J. Approve the reappointment of Steve Johnson to the LMCD for two-year term. 5. Public hearing Case No. 07-28: Preliminary Plat/Planned Development Area Conditional Use Permit - Water Resource Permit/WCA and/or wetland permits (Brian Benson Group - 6301 Inwood Blvd. Jeff Miller reviewed the proposed plat and applications. He corrected the executive summary that was included in the packet, stating that it should have stated that three (not four) requests and resolutions are to be considered tonight. He also presented some changes in wording to the resolutions included in the packet. The development team for the property presented the preliminary plat and explained the changes in sanitary sewer line locations, the proposed retaining wall, and ponding and drainage. Mayor Hanus opened the public hearing at 8:05 p.m. Bryan Helland, 6261 Ladyslipper Circle, expressed concern over the pond location and the effect it may have on the trees on his property. He also questioned who would be maintaining the pond and was told it would be the responsibility of the City. He asked who would be liable if in a few years his trees die due to the excavation for the pond. John Dean informed him that if the work is done entirely on the development property and roots have grown onto that development property from a neighboring parcel, that development property owner is not liable for subsequent damage to neighboring trees. Mervin Moorhead, 6258 Ladyslipper Circle, asked about the configuration of the proposed retaining wall and Brian Benson showed him the landscape plan. Anne Householder, 6348 Lynwood Blvd, stated she lives across the street from the proposed development and is very concerned with its density and, hardcover and the traffic in the area. She also stated that her water pressure went down after the Langdon Bay development and expressed concern over the possibility of it reducing again after this development. She was informed that the overall density is less than what is allowed by code and the hardcover percentages range from 22% on the largest lot to 35% on the smallest lot, with the cumulative hardcover for all lots being 30%. Mound City Council Minutes -January 22, 2008 Randy Olson, 6253 Ladyslipper Circle, asked where the sanitary sewer line will run and was told between lots 5 & 6. He also expressed concern over the pond draining into the private homeowner association's pond. He was told that the total drainage will remain the same. Upon no further public comment, Mayor Hanus closed the hearing at 8:45 p.m. The three proposed resolutions were discussed with wording changes suggested. MOTION by Beise, seconded by Skinner to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 08-15: RESOLUTION APPROVING A MAJOR SUBDIVISION PRELIMINARY PLAT FOR THE PROPOSED WOODLYN RIDGE RESIDENTIAL DEVELOPMENT AT 6301 LYNWOOD BOULEVARD MOTION by Beise, seconded by Skinner to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 08-16: RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) FOR A PLANNED DEVELOPMENT AREA (PDA) FOR THE PROPOSED WOODLYN RIDGE RESIDENTIAL DEVELOPMENT AT 6301 LYNWOOD BOULEVARD MOTION by Beise, seconded by Skinner to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 08-17: RESOLUTION APPROVING THE WATER RESOURCE PERMIT APPLICATION FOR STORMWATER AND EROSION CONTROL FOR THE WOODLYN RIDGE SUBDIVISION AT 6301 LYNWOOD BOULEVARD Chuck Alcon, project manager for the project, stated that they are in agreement that the hardcover for each lot can be addressed with a recordable instrument and also noted as an exhibit to the final plat. 6. Comments and suggestions from citizens present on anv item not on the agenda. None were offered. 7. Planning Commission Recommendations A. Case No. 07-27: Sketch Plan for Halstead Pointe -Mark Zweber - 6625/6627/6629 Bartlett Boulevard Councilmember Beise stated that he will be abstaining from discussion on this item because he is representing two parties within the development area, and joined the audience for this item. 1 Mound City Council Minutes -January 22, 2008 Jeff Miller reviewed the sketch plan, stating that there are 36 lots in total, 9 of which are in the City of Mound. The rest of the development is in Minnetrista. Richard Harris, the planner for the development, made a presentation showing the proposed development layout as well as the home types. John Hughes, representing his parents Terry and Rita Hughes of 6641 Halstead Avenue, stated that they like the idea of the development but not the location of the path that is shown coming down from the development to the lake. They feel that will create too much congestion and noise in that small area. It will also affect the neighborhood property values. They would prefer that the path not be there and the two lakeshore lots be used for private homes. Jerry Mader, 6607 Bartlett Blvd., expressed concern over the large development area funneling down through the smaller parcel adjacent to the lake. Ryan Simafranca, legal counsel for Terry and Rita Hughes of 6641 Halstead Ave., stated to the Council that a PDA can't negatively affect the neighboring properties. The problem is the path and gazebo on the west side of the lakeside property, and suggested that the lakeside property be used for two private homes. He then continued by stating reasons why he believes that this proposed development is contrary to the variance requirements of the City Code. Hanus then told him that is irrelevant because this is not a variance, but a sketch plan for a proposed residential development. Hanus and Skinner stated that they spoke to Rita Hughes by phone and believe the issue to be that the trail to the lake is proposed on the west side of the property and would be much more feasible if moved to the east side, adjacent to the vacant DNR land. John Hughes stated that they prefer the path not be there at all, but if it is there, to move it to the east side of the property. In his absence, Jeff Miller read Councilmember Osmek's comments regarding the location of the gazebo and path, indicating that he feels it should shift to the east of the property. Hanus summarized by stating that there are not a lot of issues with Mound, but to work with the County on the location of the access road and if there must be a path and/or gazebo, locate them on the east side of the property at the lake, not the west. No formal action needed at this time. Beise returned to his Council seat. B. Sign moratorium and ordinance review -electronic signage Jeff Miller informed the Council that there is an ordinance in effect regarding a moratorium on electric signage, that will expire on February 13, 2008 unless a 60-day extension is requested. Our current code does not allow off-premise free standing signs so it is the recommendation of city staff that is acceptable to let the ordinance expire. Council agreed so no action necessary. Mound City Council Minutes -January 22, 2008 8. Public Lands permit -1960 Sumach Lane Sarah Smith reviewed the request by Dana Jackson to allow mowing of a portion of cattails on the lakeside of the subject property, which is designated as "Park" and is owned and maintained by the City. Unauthorized mowing on this property was undertaken previously by Jackson who was formally advised by both the City and DNR that this type of activity is in violation of local ordinance and DNR rules and/or regulations and is prohibited unless appropriate permits have been received. Jackson stated that he has been mowing this area since 1999 when he purchased the property. Skinner stated that previously, on more than one occasion, he and the Police were called to the property because of illegal fill activities. Jackson was also told not to mow the cattails and ignored that and did anyway. He will not vote in favor of the permit. Beise's major concern is that the Parks and Docks Commission hung their hat on a erroneous memo from engineer Mark Perry, and that is why he is now in favor of granting the permit. Hanus stated that filling and mowing and entirely two different topics and he is requesting to mow a small area (application states 45' x (10' average)). Hanus doesn't feel that filtering of drainage is different if there is grass there instead of cattails. MOTION by Hanus, seconded by Beise to direct staff to prepare a resolution to approve the permit as requested for mowing of a an area of approximately 45' x 10' as requested, making it clear that this permit is for mowing only, not filling. Moving even a pail of dirt would require an additional permit. The following voted in favor: Hanus and Beise. The following voted against: Skinner. Motion carried. 9. Miscellaneous/Correspondence A. Comments/reports from Councilmembers B. Reports: Finance Dept -December 2007 C. Correspondence: None D. Other: Proposed ordinance by LMCD -Hanus stated that the proposed ordinance basically re-defines what kind of shoreline counts for countable shoreline for BSUs and that anything outside their jurisdiction does not count. John Dean stated that this was proposed ordinance was presented to the LMCD in December and they will be considering it in mid-February. It was decided that Mayor Hanus, Parks Superintendent Jim Fackler, and Greg Nybeck of the LMCD will meet for a clearer understanding of what this ordinance is trying to accomplish and find out what the implications are to the City of Mound. 10. Adiourn MOTION by Beise, seconded by Skinner to adjourn at 10:55 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus C ~~