1998-02-24MINUTES- MOUND CITY COUNCIL FEBRUARY 24, 1998
MINUTES - MOUND CITY COUNCIL - FEBRUARY 24, 1998
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, February 24, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road,
in said City.
Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Liz Jensen and Leah
Weycker. Councilmember Mark Hanus was absent and excused. Also in attendance were: City
Manager Edward J. Shukle, Jr., City Attorney John Dean, City Clerk Fran Clark, Building
Official Jon Sutherland, Police Chief Len Harrell, Liquor Store Manager Joel Krumm, Finance
Director, Gino Businaro, and the following interested citizens: Leona Peterson, Dotty O'Brien,
Bev Abbott, Kiki Sonnen, Chris Valerius, Dean Laforest, Brad and Cheryl Stannard.
The Mayor opened the meeting and welcomed the people in attendance. The Pledge of
Allegiance was recited.
*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.
APPROVE AGENDA. At this time items can be added to the Agenda that are not listed
and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda
has been approved.
Councilmember Jensen asked that Item *C on the Consent Agenda be removed.
*CONSENT AGENDA
MOTION made by Ahrens, seconded by Jensen to approve the Consent Agenda as
amended above.
*1.1 APPROVE THE MINUTES OF THE FEBRUARY 10, 1998, REGULAR
MEETING.
MOTION
Ahreus, Jensen, unanimously.
'1.2
APPROVE THE MINUTES OF THE FEBRUARY 17, 1998, COMMITTEE OF
THE WHOLE MEETING.
MOTION
Ahrens, Jensen, unanimously.
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FEBRUARY 24, 1998 MINUTES - MOUND CITY COUNCIL
*1.3
CASE 95-03: VARIANCE, FRONT AND SIDE SETBACK OF EXISTING
GARAGE TO CONSTRUCT A CONFORMING ADDITION, THOMAS AND
PATRICIA PETER~ON. 4882 EDGEWATER DRIVE. LOT 13. SUBDIVISION OF
LOTS I & 32 SKARP & LINDOUI~T'S RAVENSWOOD PI]) #13-117-24 41 0042
RES
RESOLUTION TO RECOGNIZE A NONCONFORMING GARAGE
SETBACK VARIANCES TO CONSTRUCT A CONFORMING
ADDITION AT 4882 EDGEWATER DRIVE, LOT 13,
SUBDIVISION OF LOTS 1 & 32 SKARP & LINDQUIST'S
RAVENSWOOD PID 13-117-24 41 0042, P & Z CASE g98-03
Ahrens, Jensen, unanimously.
*1.4
APPROVAL OF RESOLUTION NO. 98- RESOLUTION AUTHORIZING
SUBMITTAL OF 1998 GRANT APPLICATION FOR RECYCLING AND
EXECUTIQN OF GRANT AGREEMENT.
RES ~98-22
RESOLUTION AUTHORIZING SUBMITTAL OF 1998 GRANT
APPLICATION FOR RECYCLING AND EXECUTION OF GRANT
AGREEMENT
Ahrens, Jensen, unanimously.
'1.5
CONCEPT APPROVAL FOR THE PIJ-R(~HASE OF ELECTION EQUIPMENT BY
HENNEPIN COUNTY AS PART OF A COUNTYWIDE REPLACEMENT AND
UPGRADE.
MOTION
Ahrens, Jensen, unanimously.
*1.6
RECOMMENDATION FROM ECONOMIC DEVELOPME~ COMMISSION RE:
VACANCY.
RES. #98-23 RESOLUTION TO APPOINT LONNIE WEBER TO THE
ECONOMIC DEVELOPMENT COMMISSION (TERM TO EXPIRE
12-31-2000)
Ahrens, Jensen, unanimously.
'1.7
PAYMENT OF BILLS.
MOTION
Ahrens, Jensen, unanimously.
89
'1.8
MINUTES- MOUND CITY COUNCIL FEBRUARY 24, 1998
CANCEL MARCH 10. 1998. REGULAR (~0IJ-NCIL MEETING.
MOTION
Ahreus, Jeusen, unanimously.
1.9
CASE 98-01: VARIANCE, LAKESIDE SETBACK, TO CONSTRUCT A NEW
HOME, BRAD STANNARD, 4930 WILSH1RE BLVD, LOT 8,
BLOCK 18 & 39, WYCHWOOD PID//24-117-24 14 0051.
Councilmember Jensen stated that from the information in the packet she does not see that this
is the minimum variance to alleviate a hardship and she wanted to know what the hardship is.
Councilmember Weycker stated she has the same concerns.
The Building Official reviewed the staff recommendations, dated February 9, 1998. Staff did
recommend approval. The Planning Commission recommended approval.
The Building Official pointed out that the Planning Commission offered the following finding
of facts:
o
If in fact the garage was detached that it would be conforming.
If the principle structure were shifted to the east to make room for the garage on the
west, it would have some negative impact to the east to the lake.
That there is additional boulevard between the lot line and the curb line which offers an
impact or more than the 8 feet that are shown.
That it follows the line up provisions.
There are numerous other parcels in the city with the same situations.
By having the cattails present it lessens the impact on the lake.
Brad Stannard stated that two of the three homes closest to their lot on the same side of the road
are as close or closer to the road than their proposal. He stated his driveway will have a turn
around so that it will not be necessary to back out onto Wilshire Blvd.
He further stated that the survey is a bit misleading. He stated they are actually 22 feet away
from the pavement on Wilshire. He further stated that there is only a 50 x 20 foot envelope to
build on the lot.
Councilmember Jensen stated that this explains that the hardship is a uniquely shaped lot.
The Council asked that the following Whereas, be added to the proposed resolution:
"WHEREAS, the building footprint is actually limited to only 20 feet in width because
of the unique shape of the lot and this creates a hardship for building a suitable dwelling on the
lakeshore lot, and."
RES.//98-24 RESOLUTION TO APPROVE A LAKF~IDE AND FRONT YARD
SETBACK VARIANCES TO CONSTRUCT A NEW HOME AT 4930
WILSHlRE BLVD, LOT 8, BLOCK 18, SETON, BLOCK 39,
WYCHWOOD, PID 24-117-24 14 0051, P & Z CASE g98-01, AS
Ahrens, Jensen, unanimously.
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FEBRUARY 24, 1998 MINUTES- MOUND CITY COUNCIL
1.10 PUBLIC HEARING: 1998 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM.
The City Manager explained the that this year the city has been allocated $64,454 for the
program but that only 20% of the total allocation can be allocated to public service programs.
The following is being proposed.
PROJECT BUDGET
Westonka Senior Center Operations
Westonka Community Action Network (WECAN)
Sojourner
Community Action for Suburban Hennepin (CASH)
Rehabilitation of private property
$ 8,025
$ 2,707
$1,676
$ 773
$51.273
TOTAL $64,454
The Mayor opened the public hearing. The following persons spoke on behalf of the proposed
projects:
1. Kiki Sonnen, WECAN, submitted additional demographic information to the Council.
Their service area covers 12 communities in western Hennepin County. Of the
645 households served, 355 households were from the City of Mound.
Councilmember Ahrens asked if other communities allocate their CDBG monies
to WECAN. Ms. Sonnen explained that a new procedure was started last year.
Any city that receives less than $50,000 in CDBG funds are in a consolidated
pool. There is a steering committee set up by the County, made up of
representatives from some of those communities. Therefore public service groups
apply directly to the steering committee of the County for those funds. Ms.
Sonnen indicated that WECAN has received funds from the consolidated pool.
The Council asked for a list of who comprises the Steering Committee for Hennepin County
and how they allocate their money. The Manager will check and report back.
2. Dotty O'Brien and Bev Abbott, Westonka Senior Center Operations.
The Mayor dosed the public hearing.
RES #98-25
RESOLUTION APPROVING THE PROJECTED USE OF FUNDS
FOR 1998 HENNEPIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING
SIGNATURE OF SUBRECIPIENT AGREEMENTS WITH
HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS
Jensen, Ahrens, unanimously.
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MINUTES- MOUND CITY COUNCIL FEBRUARY 24, 1998
1.11
PRESENTATIQN OF 1997 ANNUAL REPQRTS; JQN SUTH~~,
BI, III,DING OFFICIAL; LEN HARRELL, POLICE CHIEF; JOEL KRUMM;
LIQUOR STORE MANAGER~ AND GINO BUSINARO, F~NANCE DIRECTOR
The following Department Heads presented~ their 1997 annual reports to the City Council:
Jon Sutherland, Building Official; Len I-lan'ell, Police Chief; Joel Krumm; Liquor Store
Manager; and Gino Businaro, Finance Director.
1.12
CONTINI~D DISCUSSION: PROPOSED ORDINANCE AMENDING SECTION
440;00 OF THE CITY CODE RELATING TO TOBACCO SALE, POSSESSION.
AND USE OF TOBACCO. TOBACCO PRODUCTS AND TOBACCO RELATED
DEVICES IN THE CITY OF MOUND AND TO REDUCE THE ILLEGAL SALE,
POSSESSION AND USE OF SUCH ITEMS TO ANY MINORS AND AMENDING
SECTION 510:10. SUBD, 2, OF THE CITY CODE RELATING TO FEES FOR
CIGARETTE LICENSES.
The City Manager explained the background.
The City Attorney reviewed his letter dated February 19, 1998, and what he has learned since
the last meeting. He reported the following:
1. Whoever is the licensing authority must carry out the compliance checks. If the
City does not want to be the licensing authority, then the County will have to
license and carry out compliance checks.
2. In comparing the proposed ordinance that was recommended by the League of
Minnesota Cities, and the shorter form supplied by the Minnesota Grocer's
Association, the shorter form mirrors the State Statute whereas the League's is
more expansive which is good in some ways and bad in others.
3. One issue raised is the multi-pack display on counters or cartons open and out in
stores where minors can enter. Under the proposed ordinance from the League,
these will not be allowed. The shorter ordinance only prohibits single packs of
cigarettes which is the prohibition in the State Statute rather than the suggested
wording in the League's proposal. This is one of the features in the shorter
ordinance that is significantly different from the league's proposal.
The Council discussed the issues of compliance checks and the multi-pack display issues.
The City Attorney reported that the State is doing compliance checks but this is to insure that
the Federal legislation is being followed by retailers.
The City Attorney stated there is also another part of either ordinance that needs to be addressed
and that is the administrative sanctions imposed on minors. The Statute requires that you confer
with a number of people, i.e., "interested educators, parents, children, and representatives of
the court system to develop alternative penalties for minors who purchase, possess or consume
tobacco.' This will need to be addressed before an ordinance can be adopted.
The Council diSCussed County licensing versus City licensing. They also discussed using minors
in compliance checks.
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FEBRUARY 24, 1998
MINU'IES- MOUND CITY COUNCIL
The City Attorney suggested that the Council extend the present cigarette licenses for 90 days
so that a side'by side comparison of the two ordinances' and statute can be done and further study
can be done.
The Mayor asked if there was anyone present who wished to comment.
Chris Valerius. Mainstreet Market, thought it was a good idea to table this for now,
pending any new legislation. She also expressed concern about the multi-pack displays
on her counters which is a large amount of her yearly income (over $6,000).
Jim Holmbeck. Manager of Su_oerAmeriea, did not have a problem with the proposed
ordinance. He stated a compliance check is done every week through SuperAmerica.
He stated he thinks 18 year olds and parents are supplying tobacco products to under age
persons and that needs to be addressed.
Len Harrell. Polic~ Chief, stated he has concerns about recruiting kids to go in and break
the law.
Joel Krumm. Liquor Store Manager, commented he understands that cigars were exempt
from the Federal law. He further stated that some cities have amended the ordinance
to allow the sale of cigars. The City Attorney stated that the statute says tobacco
products and he does not understand how cities can exempt cigars.
The City Attorney also pointed out that there is controversy about what a vending machine is
and the legislature did not attempt'to define this. The tobacco industry is contending that a
vending machine with a lock-out device, activated by a clerk in a store, is not a vending machine
and they will challenge this in court if necessary.
MOTION made by Polston, seconded by Weycker to approve a 90 day extension to
the expiration of the current Cigarette Licenses that will expire on February 28,
1998, until May 31, 1998, so that the Council can continue to review this proposed
or~dlnsnce. Directing the City Manager to write a letter to our State Legislators
objecting to the compliance provisions of the statute and asking them to bring this
before the State Legislature to treat this in the same manner as compliance checks
for alcohol. The vote was unanimously in favor. Motion carried.
COMME~ AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.13 ADD-ON: LETTER FROM HENNEPIN COUNTY REGARDING SIGNAL LIGHT
AT COUNTY ROAD, 1~ AND WILSHIRE BLVD. OR CYPRESS LANE
The City Manager reviewed the letter from Hennepin County relating to the study that was done
on Wilshire and Cypress, County Road 15. The results of their investigation indicate that none
of the warrants for the installation of a traffic signal or multiway (3-way) stop are met for either
intersection. They further stated there is insufficient side street volume to warrant any traffic
control changes at this time.
93
MINUTES- MOUND CITY COUNCIL FEBRUARY 24, 1~;~)8
The Council discussed the County's findings. The City Manager is to inquire on these findings
and report back.
INFORMATION/MISCELLANEOUS;
A. January 1998 Financial Report as prepared by Gino Businaro, Finance Director.
B. Park & Open Space Commission Minutes - 2-12-98.
Joint meeting with School Board re: Joint Powers Agreement is
scheduled for Thursday, March 12, 1998, 7:30 p.m., Westonka
Community Center. Councilmember Ahrens stated she will not be
able to attend.
CITY COUNCIL PHOTOGRAPH, TUESDAY, FEBRUARY 24,
1998, 6:30 P.M., CITY COUNCIL CHAMBERS.
MOTION made by Ahrens, seconded by Jensen to adjourn at 9:40 P.M. The vote
was unanimously in favor. Motion carried.
Attest: City Clerk
~vlr~ar~ J. Shukle, Jr., City Manager
94
MINUTES- MOUND CITY COUNCIL FEBRUARY 24, 1998
THIS PAGE LEFF BLANK INTENTIONALLY,
95
BILLS February 24, 1998
BATCH 8022 $203,792.84
Total Bills $203,792.84
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