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1999-09-28MINUTES - CITY COUNCIL - SEPTEMBER 28, 1999 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 28, 1999, 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, City Planner Loren Gordon, and Secretary Sue McCulloch. The following interested citizens were also present: Kim Anderson, Marshall Anderson, Robert Bighl, L. and D. Bruckner, Beverly Burke, Lora Burke, Robert Burke, Martin Carten, David A. Casey, Amy Cicchese, Jamie Demaris, Dean Ehlebracht, Linda Ehlebracht, Wayne E. Ehlebracht, Katie Flann, Bill Gabby, Kim Gabby, H. and P. Haber, Orvella Hanson, Keith Harrell, Barb Johnson, Brian Johnson, Bob Johnson, Jim Mathews, Jim and Joan McCabe, Don McCarbel, Richard McCarthy, Tawn McCarthy, Peter C. Meyer, Sheila Murphy, Rocky Nelson, Carol Perkkio, Eric Posnin, Linda Skorseth, Aeron Thorp, Leo Uthuack, Sharon A. Voss, Pam Weatherhead, Mike Wolf. *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. SWEARING IN OF JAMI BURKE AND MICHAEL BRUCKNER Mayor Meisel introduced Chief of Police, Len Harrell, and informed the public he would be swearing in two new police officers, Jami Burke and Michael Bruckner, this evening. Chief of Police Len Harrell introduced Jami Burke and Michael Bruckner. Mr. Bruckner started with the force on September 27, 1999, and Ms. Burke will be starting on October 4, 1999. The officers read to the public the Police Officer Code of Ethics and the Public Trust Agreement that each officer agreed to abide by. Chief Harrell administered their oaths and presented them with their badge. APPROVE AGENDA AND CONSENT AGENDA Councilmember Hanus requested Item A be pulled from the Consent Agenda. The City Planner requested to have Item C removed from the Consent Agenda. It will be Item 6a on the Agenda. 705 MOUND CITY COUNCIL MINUTES - SEPTEMBER 28, 1999 MOTION by Hanus, seconded by Brown, to approve the Agenda and Consent Agenda with the removal of Items A and C. A roll call vote was unanimously in favor. Motion carried. 5-0. CONSENT AGENDA *1.0 CASE # 99-32; VARIANCE: FENCE HEIGHT. TO CONSTRUCT A 40 FOOT PRIVACY FENCE 6 FEET IN HEIGHT TO BE LOCATED WITHIN THE FRONT YARD AT 3188 TUXEDO BOULEVARD: BLOCK 9. LOTS 24-25-26. WHIPPLE~ KEITH HARRELL, 37970, PID# 13-117-24 21 0041. RESOLUTION # 99-84 RESOLUTION TO DENY A NONCONFORMING HEIGHT VARIANCE FOR A 6 FOOT HIGH FENCE AT 3188 TUXEDO BOULEVARD, BLOCK 9, LOTS 24-25-26, WHIPPLE, PID # 13-117-24 21 0041. P AND Z CASE # 99-32, 37970. Hanus, Brown, unanimously. *1.1 STREET LIGHT REQUEST AT 3064 ALEXANDER LANE. RESOLUTION//99-85 RESOLUTION TO AUTHORIZE INSTALLATION OF A STREET LIGHT ON A POWER POLE AT 3064 ALEXANDER LANE Hanus, Brown, unanimously. *1.2. SET PUBLIC HEARING DATE FOR ASSESSMENT HEARINGS DELINQUENT WATER AND SEWER BILLS UNPAID TREE REMOVAL BILL UNPAID GARBAGE REMOVAL BILL CBD PARKING MAINTENANCE NORWOOD LANE SUPPLEMENTAL ASSESSMENT. (SUGGESTED DATE: OCTOBER 12, 1999) MOTION. Hanus, Brown, unanimously. · 1.3 PAYMENT OF BILLS. MOTION. Hanus, Brown, unanimously. 706 MOUND ~ COUNCIL MINUTES - SEPTEMBER 28, 1999 1.4 MINUTES OF SEPTEMBER 14, 1999, REGULAR MEETING, Councilmember Hanus stated on Page 3250, Paragraph 8, Line 2 the minutes should read as follows: "Minnetrista's letter dated September 13, 1999, but then stated he disagreed that any real benefit would be realized." Furthermore, on Page 3254, Paragraph 2, Line 1 should read as follows: "Councilmember Hanus stated to his knowledge there are no abutters in other cities' systems." MOTION by Hanus, seconded by Ahrens, to approve September 14, 1999, minutes as amended above. The vote was unanimously in favor. Motion carried. 5-0. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Mayor Meisel stated to the citizens present if they have comments on items not listed on the Agenda to bring in front of the City Council, to please keep them to approximately three minutes each in length. Marshall Anderson, 5736 Lynwood Boulevard. Mr. Anderson stated he came before the City Council two weeks ago and requested from the City Council and the City Attorney some answers to four questions. Mr. Anderson received a letter from the City Attorney answering some questions and thanked him for it. Mr. Anderson stated he is still awaiting for answers to a couple more questions. Mr. Anderson would like to know the number of 0 voters in the last municipal election. Mr. Anderson stated he would also appreciate information from the City Attorney informing the citizens if the Petition they drafted was proper or not. The Acting City Manager stated the required number of valid signatures on the Petition would be 963. The City Attorney stated he addressed this issue two weeks ago and stated the information he could give to the citizens required by statute was already submitted. He also stated he is still very cautious in giving out more information to the public because of legal issues. The City Attorney mentioned if a petition does get turned in with an incorrect number of valid signatures, then he would be obligated to inform the citizens of all ways the petition was defective. Bob Johnson, 2928 Westedge Boulevard. Mr. Johnson stated he would like to go on record as being in favor of the petition. He would like to see the City Council exhaust all possibilities to make this particular endeavor by the citizens go forward and to be reassured that the City Council should not be so concerned about another governing body but rather concerned about those that have elected the Council. Bill Gabby, 5764 Lynwood Boulevard. Mr. Gabby asked if there is anything the citizens of Mound can do to save this green space that is in their City. He is aware the school board has ownership of the land and can sell it to whomever they see fit, but he would appreciate all attempts by the City of Mound to retain the green space. Mr. Gabby further stated he does not want to lose the park. 707 MOUND CF1TY COUNCIL MINIfIES - SEPTEMBER 28, 1999 Mayor Meisel stated the property is sold, as far as the City of Mound is concerned Until the purchase agreement expires or is finalized on December 15, 1999, the City of Mound cannot do anything. She further stated the City of Mound has not been contacted by the developer and does not have any more information to pass on to the citizens, until December 15. Don McCarbel, 3349 Warner Lane. He stated he had a number of arguments why the City should not be buying property because the property is prime retail space that would generate tax dollars. The issue still relevant is taking those tax dollars and turning them over to the HRA. Mr. McCarbel stated since it was public property before, there were no tax dollars. Basically, if it was turned over to the HRA, all the taxable income would be given up to the TIF district and the school district would get nothing for 10 years. At the same time they would be asking the citizens of Mound for a tax increase because of lack of tax dollars. Mr. McCarbel stated the HRA should not benefit as a tax increment financing institution. The HRA would get all the dollars and stated there would be no dollars going to the city, the school district, or the county. Furthermore, he stated there is no need to give up those dollars to induce the developer to come into the project because the developer has already decided to do that. Mayor Meisel stated from the information she has received, the developer is not asking for tax increment financing at this time. Jamie Demaris, 5272 Lynwood Boulevard. Mr. Demaris stated he had heard the parks were lacking and was informed something might be happening to the football field. Mr. Demaris asked what the area is currently zoned and could the City Council take the approach and state that the area would not be zoned for retail, outlet malls or multiple housing? Laurel Gabby, 5764 Lynwood Lane. Laurel stated she lives across from the football field and would like to keep the park so she and her friends can continue to play games, soccer, and stuff at the park. Brianne Clark. Brianne stated she plays a lot at the park and comes and watches the games at the park a lot. She stated it is fun to have a park to play at. Peter C. Meyer, 5748 Sunset Road. Mr. Meyer disagreed strongly with the City Council that is not the City of Mound's business at this point. Mr. Meyer stated the past referendum did not get passed because there was a clause it in that was going to take away this green space. He stated the City just cannot let anyone take this property away from the people. Mr. Meyer stated his calculation shows the City of Mound is currently lacking in green space and if this property is taken away there will be nothing left. Councilmember Hanus stated there may be an error in the figures Mr. Meyer is using to come up with his calculations for park and open space. Mr. Meyer stated he would be happy to go over his calculations and those of Councilmember Hanus' to review in detail how much parkland is enough for the City of Mound. Brian Johnson, 2928 Westedge Boulevard. Mr. Johnson is sixteen-years-old and truly enjoys watching his friends play football at the property space in question. He stated he also enjoys 708 MOUND CI'IT'Y COUNCIL MINUTES - SEPTEMBER 28, 1999 the soccer games that are played in Mound. Mr. Johnson stated it is not only about just saving the green space, it is about activities for the kids of Mound. Mr. Johnson stated the City just cannot take away the only space in town for small kids to come and play and enjoy time with their family and friends. He stated the kids will have more opportunity to get into trouble if the property is taken away. He stated that Mound's kids do not want the open space to taken away. Mr. Johnson further stated that even though Mound may not have the best teams, the kids love to play sports because it is just what kids do. Kim Anderson, 5736 Lynwood Boulevard. Ms. Anderson stated if the sale goes through the City of Mound could declare eminent domain if it wanted to. Ms. Anderson also stated the developer is willing to sell the property back to the City if the City of Mound would like to purchase it. Ms. Anderson wanted it clarified if the City of Mound would have a shot with the developer if the school board declines the TIF financing. Ms. Anderson also wanted it clarified that the City of Mound is trying to get this property into TIF. Mayor Meisel stated we have a district set up and the school district does not want to sign a redeveloper's agreement. Mayor Meisel stated the developer does not want to come forward so the City cannot find out what the developer's plan is. She also stated the City of Mound has options and an option may be to consider this property for TIF, but again this is an option. Councilmember Brown stated the school board has ownership of the property in the City of Mound. The City did put in an offer for the property, but the school board did not take the City of Mound's offer. Councilmember Brown stated again the City does not have any authority regarding this property at this time. Ms. Anderson stated as a citizen we are the taxpayers and we fund the school board and the City. She stated the majority of time for people who live in Mound is spent with their children by doing things that foster health. She stated having fields for her children to play at and a place to take them to play is essential. Ms. Anderson asked what will the children do if they no longer have this property to play on. She stated the community is desperate and would very much like to keep this property. Ms. Anderson would like to know if there is anything the community can do to assist in keeping this property. She also stated money should not be the top priority. Leo Uthuack, 6403 County 110. Mr. Uthuack has been a resident of Mound for 10 years. He understands from the people of the community tonight they want to maintain the open space since it is the only open space residents without cars can go to and the only area that kids can get to. He asked why there was a $200,000 difference in the offers for the property? He stated he really would like the support from the City Council so it appears the City is on the community's side. Councilmember Hanus stated the difference in the offers was $500,000, not $200,000. Mr. Uthuack appreciated the correction. Councilmember Brown stated the City felt the bid they presented to the school board was appropriate for the property. 709 MOUND CIYTY COUNCIL MINUTES - SEPTEMBER 28, 1999 Mr. Uthuack stated the City, as he sees it, may have some options. One option would be buying the property back from the developer, which evidently the developer is willing to do. The second option is to some how rezone the area so it will be kept as a open space and not be developed into retail or condominiums. Mr. Uthuack stated he would like the City Council to fight for the property. Linda Skorseth, 5648 Alder Road. Ms. Skorseth stated the Park Commission has already recommended we need the green space. The community, at this point, does not have a concern about the development by the Pond Arena corner up to the comer of Lynwood and Commerce, but the people of Mound need the open space. She stated the community education department will not have the space for a sports program without this property. Ms. Skorseth stated this debate is all about the future of the community. Katie Flann, 5945 Sunset Road. Ms. Flann stated she has been heavily involved with the Westonka Baseball Association. She stated if the City of Mound loses the property their association will be heading to a new place to play baseball and this is not a good solution for the community. She stated she would like to see the City of Mound purchase the property and do its best to exhaust all possibilities to accomplish that goal. Rocky Nelson, 1656 Finch Lane. Mr. Nelson stated all kids from Mound play baseball and football at the park and have for the past 20 years. He stated there are several communities in the Metro area that are fighting to get their open space back so the communities will not be without their sport programs. Mr. Nelson stated there is a perception about Mound in comparison to Orono. Even though the curriculum is the same for both schools, folks look at living in Orono a better way of life and he stated it all had to do with their sports programs. Brian Johnson, 2928 Westedge Boulevard. Mr. Johnson stated he would like to see the specified area developed in retail, but stated he would like to see the green space still available so tournaments could be played in the City of Mound and the people could also eat in town rather than have to go the distance to Ridgedale. Wayne Ehlebracht, 4873 Shoreline Drive. Mr. Ehlebracht stated he has a petition signed by eight people and he would like to submit it to City Attorney for his review (the petition was handed to the City Attorney). Mr. Ehlebracht asked to the City Council what their plans are for this property and if it is in their plans to save the green space? Mayor Meisel stated a valid purchase agreement exists and until the developer comes forward and discusses what his plans are for the property, the property is not ours to discuss. Mr. Ehlebracht asked again for advice on what the community can do to save the green space. The City Attorney stated the people could contact the developer and have him present at a City Council meeting to discuss his plans. Councilmember Brown stated he is in strong support of green space in the City of Mound, but there are conditions in this matter that are preventing him from stating anymore than what has been said. This is a legal situation which is out of the control of the City at this time. 710 MOUND CI'ITY COUNCIL MINUTES- SEPTEMBER 28, 1999 Councilmember Weycker stated eminent domain is an area that may not be supported by the City Council. COUncilmember Weycker also stated she appreciates the attendance tonight by the people of Mound and hearing their comments about the property. Councilmember Hanus stated if the people get the required signatures for their petition it would then show the City Council that there is community support for a referendum. The City Attorney stated it is to the'benefit of everyone here to have the citizens here tonight impress upon the School Board their concerns about the property. He stated in normal practice it is usually not this difficult to talk to the developer. The City Attorney stated he spoke with a librarian who works in his office and lives in Mound near the fields. She felt because there are poor soil conditions on this property this may work out in time. The ideas stated by the City Council regarding how the residents of Mound could possibly help this situation in their favor were appreciated. The citizens will be back in two weeks to discuss this issue again. The City Attorney stated he will review the petition presentexl to him tonight and will give his recommendations by the October 12, 1999, scheduled City Council meeting. Dean Ehlebracht, 4873 Shoreline Drive. Mr. Ehlebracht stated he is 16 years old and has enjoyed attending games at the fields and does not want to see the fields disappear. He is concerned about where the teams will play if they lose their field. Mr. Ehlebracht stated he promised younger kids he would coach them in the summer and if they lose the green space, there will be no place for him to help out these kids he has promised. Mr. Uthuack asked Councilmember Weycker why she stated the City Council may not support the idea of eminent domain. Councilmember Weycker stated eminent domain is a harsh measure. Councilmember Hanus stated he heard people tonight mention they are comfortable with developing a new retail area. He stated if this retail area is developed, some of the green space area would have to go into parking. Mr. Uthuack stated maybe then there should not be anything developed there if it will not remain open space. He stated there is only one area for kids under sixteen to play and this is the area that is being considered to be redeveloped. Mr. Anderson was in agreement with Mr. Uthuack. Aeron Thorp. Aeron is in fourth grade and attends school in the City of Mound. He stated this area is the only open space in the community and stated if this is taken away what will the kids do for entertainment and fun. Aeron stated building a new field is going to cost a lot of money. Aeron would like to know if there would be plans to build a new field. Councilmember Weycker stated this is a question for the school board. Brian Johnson asked if having the whole football team sign a petfion to keep the open space would be wise? Mayor Meisel stated she appreciated the effort but the names on the petition need to be registered voters. 711 MOUND CIITY COUNCIL MINUTES- SEPIF_.JffBER 28, 1999 Sheila Murphy, 2044 Bellaire Lane. Ms. Murphy is affiliated with the soccer club. She stated their club is desperate for places to play and it would hurt them a lot if Mound would lose this field. She stated this soccer club is a traveling club and it does bring business into the City of Mound because of the size of the club. Ms. Murphy stated she would like to have the City Council and the School Board work together. Eric Posnin, 3845 Hillcrest Road. Mr. Posnin noticed that some apartments in the surrounding area have nearby parks and green space to play on. He stated if residential areas lose their green space then the City of Mound may start losing its community and also will not gain new citizens for this reason. Councilmember Hanus suggested inviting the School Board to attend the City Council's meeting on October 12, 1999. Councilmember Weycker stated she would encourage all the citizens at tonight's meeting to attend the School Board's meeting on October 11, 1999. Mayor Meisel directed staff to set up a one-hour block of time at the October 12, 1999, meeting and invite the School Board to discuss the issue of the green space with the City Council and the citizens of Mound. 1.5 PUBLIC HEARING: CASE # 99-33: UTILITY EASEMENT VACATION; LOCATED WITHIN THE R-1 A SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AT 4608 KILDARE ROAD1 BLOCK 11, LOT 6, SETONI BILL VOSS, 37950, PID # 19-11%23 21 0028. The City Planner presented the case. The City Planner stated the applicant owns the property where the easement exists. This incident happened over the years. When the applicant received permission to build on the property the easement was suppose to be vacated but evidently it never got vacated. The current driveway serves one house and all utilities in the easement have been removed and everything is working fine today. The applicant requested the public easement be taken off the books and he then would be provided with a private easement for Lots 5 and 6. Staff recommended to the Council to approve the easement vacation and the Planning Commission also supports this plan. Mayor Meisel opened the public hearing opened at 9:20 p.m. Mrs. Bill Voss stated she was in attendance on behalf of her husband, Bill Voss. She stated she had copies of the Certificate of Title and other documents for the Council. It appeared Council had all the information they needed for their files. There were no questions asked of Mrs. Voss. Mayor Meisel closed the public heating at 9:21 p.m. Brown moved and Ahrens seconded the following resolution: MOTION by Brown, seconded by Ahrens, to accept the Resolution according to staffs recommendations. 712 MOUND ~ ~COUNCIL MINUTES,- SEPTEMBER 28, 1999 RESOLUTION # 99-86 RESOLUTION TO VACATE A UTILITY EASEMENT LOCATED AT 4608 KILDARE ROAD, LOT 6, BLOC 11, SETON, PID # 19-117-23 21 0028, P & Z CASE # 99-33, 91- O55 The vote was unanimously in favor. Motion carried. 5-0. 1.6 CASE # 99-37: VARIANCE: LOT SIZE AND STREET FRONTAGE1 TO CREATE A BUILDABLE PARCEL AT 17XX WILDHURST LANE1 BLQCK 13, LOT 1. SHADYWOOD POINT: DAVID AND CAROL BABLER, 61980, PID# 13-117-24 14 0017, The City Planner presented the case. He stated that a variance is being requested is on the lot adjacent to the where the applicant lives. The applicant has owned this property for approximately 30 years. During that time the lot has remained undeveloped and the applicant would like this lot to be considered a buildable lot so they can sell it. The applicants requested a street frontage variance of 57 feet and the lot area above the 931 OHW is just short of 7,000 square feet so it about a 3,000 square foot variance. There are no building plans for the property but Brenchell Homes would like to possibly buy the property and build. The City Planner stated the site plan of the property shows a considerable drop from the front of the house to the street. The staff stated even if the driveway would be feasible there is other issues that may come up outside what the code shows caution too. For instance, Sunset Landing is an access for summer and winter and currently is a gravel road, although it does provide a lot of room for vehicles. The City Planner stated this driveway would have to access through the corner of the lot and problems may occur with emergency vehicles, wet weather regarding gravel, and in the winter, who would be responsible for plowing Sunset l_anding. The City Planner stated the pad does conform to all types of setback but we do not have building plans which would show more detail. He stated because of unknowns regarding this property, staff and the Planning Commission are recommending denial of this variance. Councilmember Brown stated the developer would surface a driveway at the Sunset Landing for emergency vehicle and other vehicles. He stated that the driveway where it is being proposed would be feasible according to code. Councilmember Brown stated if a new builder would come in and want to build on this property, he would have to build on the footprint and meet all setbacks according to City code. Mayor Meisel and the Acting City Manager expressed concern over who will maintain Sunset Landing with it partially surfaced and the other part not. The City Planner stated a possible way would be to have the owner be responsible for maintaining it, although with it being public property the City may state they will maintain it. Councilmember Hanus stated this plan is not ideal on an unimproved area but there are things that can be done to alleviate those problems. He stated with the driveway coming off 713 MOUND CI'ITY COUNCIL MINUTES- SEPTEMBER 28, 1999 of Sunset Landing, it could be paved slightly beyond the driveway so it looks like it continues and then have it squared off to Sunset Landing. Mr. Babler stated he has been using Sunset Landing as a driveway for 25 years and has not had a problem in the past. He stated he does not want to have a shared driveway with the other lot. He also stated there is a footprint by the developer stating whoever buys this property needs to stick to the footprint or he cannot build a house. Mr. Babler stated he would like to sell the property for retirement purposes. Dale Pixler with Remax stated the property has had assessments for sewer and water and street improvements have been made. He stated the 931 law is a good law, but to not allow building on this property for that reason when he has not had any water problems the past 30 years, is a waste of the property. Mr. Pixler stated the Sunset Landing used as a driveway is not a problem as it exists. Currently the City does allow access for a driveway on a landing in two other locations within the City. Mr. Pixler stated the footprint itself was reviewed by the Building Inspector to have it meet codes by the City of Mound. The Building Inspector and Mr. Pixler came up with an envelope according to the City Codes and if someone wants to build on this piece of property, they need to stick to the envelope. Councilmember Hanus asked if Mr. Pixler can create a building envelope that stays outside of the 931.5 and still meets all of the setbacks. Mr. Pixler stated this is possible. Councilmember Hanus also asked if this envelope can be at or less 40 percent hardcover of the area above the 929.4. Mr. Pixler stated this is possible. Councilmember Hanus asked a question if a variance is needed to access off of an unimproved street. Staff stated a variance would not be required. Councilmember Hanus directed staff to add in the Resolution a specific design improvement for the driveway so it would reduce the amount of erosion and give the driveway a squared off appearance that would benefit the new owners. Councilmember Hanus stated for the record he is not intentionally ignoring the Planning Commission's recommendation. What happened tonight is just a little "tweaking" from what the Planning Commission was suggesting. MOTION by Brown, seconded by Hanus, to prepare a Resolution of approval and then have it brought back to the City Council meeting of October 12, 1999, for the Consent Agenda. Discussion. Mr. Pixler stated to keep the envelope as stated in the Councilmembers' packet. He stated if a builder wants to come in and build within your area then they will have to go through the Minnehaha watershed for approval, and the Minnehaha watershed will approve it as long as 714 MOUND CI'ITY COUNCIL MINUTES - SEPTEMBER 28, 1999 the builder does certain things for them. Leaving the Resolution as already noted will give the builder a little bit of option, but none that he has to deal with the City of Mound. AMENDED MOTION by Hanus, seconded by BroWn, to direct staff to prepare an appropriate Resolution of approval to include the 'footprint as drawn on Page 3365 and then have it brought back to the City 'Council meeting of October 12, 1999, for .the Consent Agenda. The vote was unanimously in favor. Motion carried. 5-0. Mr. Pixler stated as a suggestion to the City Council to take a good look at all the lots that fall into the same scenario as the above-mentioned case. This may alleviate variances the City has to grant. 1.7 CASE # 99-34: VARIANCE; FRONT YARD SETBACK; TO CONSTRUCT A NEW DECK AT 4640 ISLAND VIEW DRIVE; BLOCK 3, LOTS 16 AND 17, DEVON; PAMELA WEATHERHEAD~ 37870, PID # 30-117-23 22 0019. The City Planner stated he pulled this item off of the Consent Agenda because of inquires about what is happening regarding the driveway in front of the house and also the proposed driveway. The garage was streamlined and the Planning Commission approved the deck setback. The City Planner stated the area in front of the house is used as a parking area now and it is graveled. He stated the survey showed it is not going to be calculated as hardcover in the future. The City Planner stated the applicant said she would have this area seeded and put into green space and will have a pathway up to her house. He stated the concerns regarding rocks clogging up the storm drain are now irrelevant because the applicant will now have a bituminous driveway. Councilmember Hanus wanted to be assured the driveway is going to be paved and the applicant stated it would be. Councilmember Hanus also stated in the Planning Commission's minutes there was a notation that utility issues still exist according to staff and the City Planner tonight stated there are no utility problems he is aware of and the applicant agreed. Councilmember Hanus asked about how grade is measured and according to conversations Councilmember Ahrens had with staff it is measured on a case by case basis and there is normally no concern if it is over 15 percent. This is a policy concern so a variance would never be issued. The City Planner recommends approval of the variance after the applicant stated the driveway would be finished. Councilmember Hanus stated that he would like to add the following provision in the Resolution: 1.a. The Proposed new driveway will be finished with bituminous, concrete or other surface accepted by the Building Inspector." MOTION by Hanus, seconded by Ahrens, to accept the Resolution with the above addition according to staff recommendations. The vote was unanimously in favor. Motion carried. 5-0. 715 MOUND CFITY COUNCIL MINU1ES- SEtrIF_.,MBER 28, 1999 RESOLUTION # 99-87 RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE TO CONSTRUCT A DECK AT 4640 ISLAND VIEW DRIVE, BLOCK 3, LOTS 16 AND 17, DEVON, PID # 30-117-23 22 0019. P AND Z CASE # 99-34, 37870. INFORMATION/MISCELLANEOUS, 1. L.M.C.D. mailings. 2. Notice from the State of Minnesota about a Local Government Officials' Regional Forum to be held at Minnetonka City Hail, Thursday, October 7, 1999, from 7:00 P.M. to 9:00 P.M. 3. Planning Commission Minutes of September 13, 1999. 4. Letter to Marshail Anderson from Attorney Dean dated September 27, 1999. 5. Letter to L.M.C.D. from Ronaid J. Morse dated September 23, 1999. 6. Letter to Mayor Meisel from Kennedy & Graven dated September 27, 1999, regarding the Netka v. City of Mound litigation. 7. An order form for a training workbook entitled: Working Together: A Guide for Elected and Appointed Officiais. 8. Letter to City of Mound from Ric Hanson of Triax Cablevision dated September 22, 1999. 9. Letter to City of Mound from Tim Cruikshank of the City of Minnetrista dated September 21, 1999. Councilmember Brown would like to make a change suggestion to the lot area definition of Minn. Stat. Sec. 350.310, Subd. 72. Councilmember Brown stated he would like the lot area minimum to be changed to read "but not including any area below 929.4" in an average flood plain. Councilmember Brown stated the City of Orono uses the figure as well as the City of Wayzata. Mayor Meisel directed staff to rewrite this statute and then have it sent through the proper channels for approvai. Mayor Meisel stated the City Council needs to come to an agreement regarding its recommendations to the school district regarding the green space. There will be an executive session scheduled for October 12, 1999, during the regular session. 716 MOUND CITI'Y COUNCIL MINUTES- SEPTEMBER 28, 1999 Mayor Meisel further stated there will be a Committee of the Whole meeting on October 5, 1999, and October 14, 1999. ADJOURNM~Cr MOTION by Brown, seconded by Ahrens, to adjourn the meeting at 10:26 p.m. The vote was unsnimously in favor. Motion carried. 5-0. Francene C. Clark, Acting City Manager Attest: Council Secretary 717 PAYMENT BILLS DATE: SEPTEMBER 28, 1999 BILLS BATCH # AMOUNT #9080 $199,017.76 TOTAL BILLS $199,017.76