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2010-05-25 CC Meeting MinutesMOUND CITY COUNCIL MINUTES MAY 25, 2010 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 11, 2010, at 7:30 p.m. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Heidi Gesch Members absent: Councilmember Greg Skinner Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Amanda Schwarze, Chris Oliveira, Marty Woods, Andrew Sheehan, Nicole Kilby, Thomas Stokes, Chuck Alcon, Dana McCarville, Don McCarville, Fred Merrill, Troy Tasche, Julie Tasche, Vince Forystek, Barb Flug, Meredith Brandt, Tim Hartman, Cara Otto, Stephanie Lolich, Kaitlyn Tierney, Valory Schoenecker. Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it 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 p.m. 2. Pledge of Allegiance 3. Approve agenda MOTION by Osmek, seconded by Salazar to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Osmek, seconded by Salazar to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of the May 11, 2010 regular meeting B. Approve payment of claims in the amount of $262,469.44 C. Approve Right of Entry Authorization for Watercraft Inspections 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Action on Resolution Recognizing DECA Students MOTION by Hanus, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -32: RESOLUTION RECOGNIZING DECA STUDENTS FOR THEIR "LITTLE FOR LIGHTS" FUNDRAISER Mayor Hanus read the above noted resolution and presented copies to Keitlyn Tierney and Valory Schoenecker of the DECA group. Mound City Council Meeting — May 25, 2010 7. LMCD draft budget for 2011 Steve Johnson, Mound's representative to the Lake Minnetonka Conservation District, presented a draft of the proposed 2011 LMCD budget. Hanus noted that Mound's share is slightly less than this year. No action needed. 8. Planning Cases #10- 03110- 04/10 -05 — Waiver of Platting/boundary adjustments at 5248 Sulgrove Lane Sarah Smith reviewed the application submitted by Brenshell Corporation, to divide the subject property into four lots. The applicant is requesting a waiver of platting, two variances and a minor boundary adjustment to subdivide the property. She noted that letters have been received from neighbors who have concerns over the proposed development. Hanus asked about the discrepancies of lot line measurements that show on the survey, and Chuck Alcon, representing Brenshell, stated that this is not unusual with old surveys being compared to the ones today because of the GPS equipment, etc. He will verify actual measurements. Tom Stokes stated that he took offense to one of the letters given to the Council. He stated he has shown as much generosity and support of Mound as anyone in his 25 years here. This project is a solution for the community, with 6,000 square foot lots that allow for attractive smaller homes. Osmek agreed that Stokes has given to the community, being instrumental in the skate park construction, etc, and to be drug through the mud is out of bounds. With this said, Osmek stated this case has to stand on its own merit not the personal feelings for the developer. Barb Flug, 5251 Sulgrove, addressed the Council stating that her letter was not meant to be offensive and just wants the request to be considered on its own merits. Troy Tasche, 5238 Sulgrove, stated that there are properties in the neighborhood that have been for sale for three years. Dividing the property for one or two homes would be fine, but he is opposed to putting four homes in there. Chris Oliveira, 5232 Seabury Rd, asked how the mailboxes will be handled, and how the sewer and water trunk charges mentioned will affect him. Hanus explained that the infrastructure in that area is old and will be repaired as needed when the streets are reconstructed, resulting in an assessment to him as well as everyone else on the project. The actual trunk charges that are being referenced will not have a negative effect on him and the city actually benefits from those charges because they go into the utility funds. Tom Stokes stated that he will construct a nice stand for the mailboxes and donate it to the community. Don McCarville, 3349 Warner Lane, stated that the proposed development doesn't match the ordinance for realigning lot lines, and that in the plat all the other houses in the block are larger so it is not the same development as in the rest of the block. He stated he applied for a variance years ago and was denied. Hanus stated he asked himself the same question as to matching the neighborhood so he looked at the next block and counted the lots and sizes. Nine lots are 6400 sq. ft. or less and eight are around 10,000 or more. So it's really about 50/50 as to the lot sizes matching the neighborhood. Mound City Council Minutes — May 25, 2010 Vince Forystek, 3131 Inverness, stated that based on the explanation given, any lot platted in this town, as long as there's a line, can be changed by waiver of platting. Hanus stated that there are many tools available and in this case there is more than one tool being used, making it unique. There are currently acceptable tools and vehicles to do these things. Forystek stated that based on what's happening any lot line can be changed. He stated our town is like the armpit of Lake Minnetonka and he owns a lot of this town and tries to improve it. This proposal has two corner lots being developed and two of the four lots will be very small. Meredith Brandt, 3367 Warner Lane, is concerned about how this is being conducted. She asked if the property can be developed without variances, but not divided for four homes, and asked the Council to deny this request because she feels four homes is asking for too much. Hanus stated that this property can be divided into four lots and meet all of the code requirements. The lots are conforming in size and he believes can be built fully conforming without variances. If someone proposes that, he stated he'd be hard pressed to find someone that would turn it down under those conditions. Barb Flug asked that if something can be done, is it automatically approved? Hanus stated he's speaking for himself, but if someone comes in with a subdivision that is completely conforming to our current code, there would be no grounds for denial. John Dean explained the subdivision process. Tom Stokes stated that he met with City staff and they came up with the best way to get four lots. He felt this is the best compromise to get relatively small homes constructed, which is what the market is calling for. Marty Woods, 5360 Edsall Road, asked if the stormwater drainage issue had been addressed and asked about the curb cuts. Stokes answered that there is a storm drain at Warner & St. Mary's, and there is plenty of elevation so that drainage is not an issue. It is proposed to have all surmountable curbs. Osmek stated that there are benefits to this, the creation of additional tax base, receipt of additional stub fees that go into the sewer and water fund, and when it comes to reconstructing the streets in that area, there would be three additional properties to share the assessment costs. He doesn't feel that this qualifies for a waiver of platting. Hanus agreed that there are vehicles that can be used to accomplish what they want, but waiver of platting is not it. Gesch and Salazar agreed that waiver of platting should not be utilized in this case. Chuck Alcon asked that action be tabled so that the developer can go back and work with staff for an alternative method and a different solution. He indicated that they would agree to any extensions of the timetable. MOTION by Osmek, seconded by Gesch to direct staff to draft a resolution of denial of the waiver of platting, boundary adjustment requests, and variances, with findings of fact, so that if this application isn't withdrawn when a new plan is presented, the resolution can be acted upon. All voted in favor. Motion carried. Mound City Council Minutes — May 25, 2010 MOTION by Osmek, seconded by Gesch to table this item. All voted in favor. Motion carried. Osmek provided a further staff directive, that council requests that staff provide this back within the current timeframe, which is no later than the first meeting in July. Also, if the applicant does make significant changes away from a four -lot to a different configuration, this go back to the Planning Commission if staff so deems that be required. 9. Planning Case #10 -07 — Woodlvn Ridge Subdivision Project — 6301 Lynwood Blvd Sarah Smith reviewed that the applicant, Tim Hartman, has submitted a final plat for an 11 -lot single family development named "Woodlyn Ridge ". The 4.17 acre property was subdivided in 2008 using the Planned Development Area - Conditional use Permit (PDA -CUP) process. She stated that the final plat is consistent with the previously approved preliminary plat. Hanus stated that at the time of the preliminary plat, the averaging of the hardcover was discussed. He asked that if after the final plat is approved, can a homeowner come in and request a variance from the hardcover requirement. John Dean stated that they can request a variance, but the PDA and CUP would have to be amended if that variance would take the average below 30 %. John Dean suggested that the document stating hardcover for each lot should be a part of the development agreement. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -33: RESOLUTION GRANTING FINAL PLAT APPROVAL FOR WOODLYN RIDGE RESIDENTAIL DEVELOPMENT AT 6301 LYNWOOD BOULEVARD MOTION by Osmek, seconded by Salazar to adopt the following resolution, with the individual lots' hardcover being included as an exhibit. All voted in favor. Motion carried. RESOLUTION NO. 10 -34: RESOLUTION TO APPROVE THE DEVELOPMENT AGREEMENT WITH TIMOTHY D HARTMAN FOR THE WOODLYN RIDGE SUBDIVISION LOCATED AT 6301 LYNWOOD BOULEVARD MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -35: RESOLUTION TO APPROVE EARLY START AGREEMENT FOR THE WOODLYN RIDGE SUBDIVISION LOCATED AT 6301 LYNWOOD BOULEVARD MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -36: RESOLUTION TO APPROVE A WETLAND BUFFER DECLARATION FOR THE WOODLYN RIDGE RESIDENTIAL DEVELOPMENT PROJECT AT 6301 LYNWOOD BOULEVARD MOTION by Gesch, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. Mound City Council Minutes — May 25, 2010 RESOLUTION NO. 10 -37: RESOLUTION TO APPROVE TRAIL EASEMENT AGREEMENTS FOR THE WOODLYN RIDGE SUBDIVISION LOCATED AT 6301 LYNWOOD BOULEVARD MOTION by Salazar, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -38: RESOLUTION AMENDING RESOLUTION NO. 08-15,08-16,08- 17, AND 08 -114 FOR WOODLYN RIDGE RESIDENTIAL PROJECT LOCATED AT 6301 LYNWOOD BOULEVARD TO CORRECT TYPOGRAPHICAL ERRORS IN LEGAL DESCRIPTIONS 10. Discussion /action on Ordinance Amending Chapter 2 of the Mound City Code as it Pertains to Council Meetings MOTION by Osmek, seconded by Gesch to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 02 -2010: AN ORDINANCE AMENDING CHAPTER 2 OF THE MOUND CITY CODE AS IT PERTAINS TO COUNCIL MEETINGS 11. Information /Miscellaneous A. Comments /reports from Councilmembers /City Manager - Gesch stated that the Parks and Open Space Commission is meeting on June 10, at 6:30 p.m. at the Greenway and on July 8, at 6:30 p.m. at Swenson Park, to do clean -up of these areas. Members of the public are invited to participate. B. Reports: 2010 Open Book Meeting —May 5, 2010 Finance Department —April 2010 Fire Commission Meeting Agenda — May 19, 2010 C. Minutes: Parks and Open Space Commission —May 13, 2010 D. Correspondence: Letter from Lake Minnetonka Association Fire Department Fish Fry — June 5, 2010 12. Adjourn MOTION by Osmek, seconded by Salazar to adjourn at 9:25 p.m. All voted in favor. Motion carried. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk 1