1997-03-04i Il
MINUTES- MOUND CITY COUNCIL - March 4, 1997
MINUTES - MOUND CITY COUNCIL - MARCH 4, 1997
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, March 4, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in
said City.
Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, and
Leah Weycker. Councilmember Liz Jensen arrived at 7:45 P.M. Also in attendance were:
City Manager Edward J. Shukle, City Attorney John Dean, City Planner Mark Koegler, City
Clerk Fran Clark; and the following interested citizens: Pam Myers, Kyle Colvin, Donald
Bluhm, Dean Korts, Mike Wallis, Bill Stewart, Glenn Hurd, James Crawford, Mark Reschke,
and Mrs. Richard Rutz.
*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.
1.0
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.
ADD THE FOLLOWING: CONSENT
*E. APPROVAL OF EXTENSION OF RESOLUTION//96-40
*F. APPROVAL OF FREE BENEFIT DANCE
ADD THE FOLLOWING TO REGULAR AGENDA:
APPROVAL OF ORDINANCE AMENDING SECTION 456:50, OF THE CITY CODE
RELATING TO DOG QUARANTINE.
MOTION made by Ahrens, seconded by Hanus to approve the Agenda and the Consent
Agenda as amended above. A roll call vote was 4 in favor, with Councilmember Jensen
absent and excused. Motion carried.
*CONSENT AGENDA:
1.1 APPROVE THE MINUTES OF THE FEBRUARY 25, 1997, REGULAR MEETING.
MOTION
Ahrens & Hanus, unanimously.
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MINUTES- MOUND CITY COUNCIL - March 4, 1997
1.2
1.3
BID AWARD: 50 H.P. TRACTOR AND FLAIL MOWER.
RESOLUTION g97-27 RESOLUTION TO APPROVE THE BID OF SCHARBER &
SONS FOR THE 1997 50 H.P. TRACTOR AND FLAIL
MOWER IN THE AMOUNT OF $34,399
Ahrens & Hanus, unanimously.
CASE 96-45: GLENN & AMY HURD, 4833 ISLAND VIEW DRIVE, LOT 9, BLOCK 13,
DEVON, PID #25-117-24 11 0034. REQUEST: VARIANCE RECOGNIZING EXISTING
AND PROPOSED NONCONFORMING SETBACKS TO ALLOW A NONCONFORMING
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1.6
1.7
DECK.
RESOLUTION g97-28
RESOLUTION TO APPROVE A VARIANCE RECOGNIZING
EXISTING AND PROPOSED NONCONFORMING
SETBACKS TO ALLOW RECONSTRUCTION OF A
NONCONFORMING DECK AT 4833 ISLAND VIEW
DRIVES, LOT 9, BLOCK 13, DEVON, PID //25-11%24 11
0034, P & Z CASE//96-45
Ahrens & Hanus, unanimously.
PAYMENT OF BILLS.
Ahrens & Hanus, unanimously.
APPROVAL OF EXTENSION OF RESOLUTION//96-40
RESOLUTION//9%29
RESOLUTION TO APPROVE AN EXTENSION FOR
RESOLUTION//96-40 FOR ONE YEAR
Ahrens & Hanus, unanimously.
APPROVAL OF FREE BENEFIT DANCE
APPROVAL OF ORDINANCE AMENDING SECTION 456:50, OF THE CITY
CODE RELATING TO DOG QUARANTINE.
The City Attorney stated this section of the City Code refers to the City Health Officer which we have
not had for some time. It came to our attention because of a dog bite and the request by the owner
to quarantine the dog at home rather than at a kennel which requires the approval of the City Health
Officer. The City Attorney presented the proposed amendment which gives the Chief of Police or his
designee the authority to decide on where the animal is to be quarantined.
Ahrens moved and Weycker seconded the following ordinance:
ORDINANCE #86-1997
ORDINANCE AMENDING SECTION 456:50, OF THE CITY
CODE RELATING TO DOG QUARANTINE
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MINUTES- MOUND CITY COUNCIL - March 4, 1997
The vote was 4 in favor with Jensen absent and excused. Motion carded.
1.8 PUBLIC HEARING: CASE //97-02 , TO CONSIDER THE VACATION OF THE
UNIMPROVED OXFORD LANE LOCATED NORTH OF HANOVER ROAD AND
SOUTH OF ABERDEEN ROAD BETWEEN BLOCKS 5 & 9 IN DEVON.
The City Engineer explained that this has been before the Planning Commission twice. He stated that
Hanover Road ends at between lots 11 and 12, but the watermain does extend to Devon so the
unimproved lots on Hanover would have service. If or when these lots are ever developed the street
would have to be extended and sanitary sewer would have to be extended, but the watermain is in place.
There are no utilities in the portion of Oxford Lane that is proposed to be vacated. He and the Planning
Commission recommended approval.
The Mayor opened the Public Hearing. There were no comments. The Mayor closed the Public
Heating.
Ahrens moved and Hanus seconded the following resolution:
RESOLUTION//9%30
RESOLUTION TO APPROVE THE VACATION OF AN
UNIMPROVED PLATTED RIGHT-OF-WAY KNOWN AS
OXFORD LANE LOCATED NORTH OF HANOVER ROAD
AND SOUTH OF ABERDEEN ROAD BETWEEN BLOCK 5
AND 9 IN "DEVON", P & Z CASE g97-02
The vote was 4 in favor with Jensen absent and excused. Motion carried.
1.9 PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO THE ZONING
ORDINANCE SECTION 350:640 TO ADD "SCHOOL ADMINISTRATIVE OFFICES" AS
A CONDITIONAL USE IN THE R-1 RESIDENTIAL ZONING DISTRICT.
The City Planner explained that Westonka Public Schools is seeking a zoning amendment to allow
school administrative offices for public schools by conditional use permit in the R-1 zone. Section
350:640 of the Zoning Code allows "Public and Private Schools" as a conditional use in all of the
residential zones with the exception of such zones in the Natural Environment (NE) shoreland area.
A zoning amendment can be considered by the City of Mound in cases that, "reflect changes in the
goals and policies of the community as reflected in the (Comprehensive) Plan or changes in conditions
in the City." This particular case would seem to qualify for consideration based on the "changes in
conditions in the City" clause. (The request is a direct result of upcoming land use changes that
necessitate the relocation of the school offices. The Staff and the Planning Commission recommended
approval.
The Planner advised that the District will be submitting a CUP application for an administrative office
and classroom addition at Shirley Hills School. They have begun this process and it will be going to
the Planning Commission later this month. That will be a separate action from the zoning amendment.
Tonight's action is to change the zoning code which would enable the CUP to occur.
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MINUTES- MOUND CITY COUNCIL - March 4, 1997
The Planner advised that the City Attorney has asked that the amendment read as follows: Public and
Private Schools and School Administrative Offices on a school site be allowed as a Conditional Use
in the R-1 Residential Zoning District." This would clarify that these type of uses have to be in
conjunction with a larger school campus environment.
The Council discussed rezoning vs. ordinance amendment. There were concerns about the following:
Rezoning to a business zone which would not fit in the R-1 residential Zone.
That this amendment could impact all R-1 zones in the City.
Making a zoning amendment with no CUP plan at this time. What happens if this CUP
were not to materialize.
Increasing traffic and congestion in a residential area.
The Planner pointed out that the City has a considerable amount of control with the use being allowed
as a CUP.
COUNCILMEMBER JENSEN ARRIVED AT 7:45 P.M.
The Mayor opened the Public Hearing. There were no comments. The Mayor closed the Public
Hearing.
The Council was concerned about approving this zoning amendment without a CUP plan being before
them.
Ahrens moved to table the item so that it could be brought back when the application for a CUP is
submitted on April 8, 1997. Motion died for lack of second.
The City Attorney advised that if this is considered at the same time as the CUP, on April 8th, there
will be an additional 10 day delay because of the publication requirement. He asked if this would pose
a problem for the applicant. Dr. Pam Myers, Supt. of Schools, stated that their timeline has been
pushed back as they have worked with the Planning Commission so they are already a month behind.
They feel they are going to have a very good plan to submit at the next Planning Commission Meeting
and the April 8th Council Meeting, but would appreciate not being delayed an extra 10 days after April
8th.
The Council agreed that these administrative offices should only be allowed on a site where a school
is located, not on just any property that the school district might own.
The City Attorney suggested that the Council could add an effective date provision so that if the CUP
application from the school district did not materialize, the ordinance amendment would be void.
Ahrens moved, and Jensen seconded the following ordinance:
ORDINANCE #87-1997
AN ORDINANCE AMENDING SECTION 350:640 OF THE
MOUND ZONING CODE BY ADDING "SCHOOL
ADMINISTRATIVE OFFICES" AS A CONDITIONAL USE
IN THE R-1 ZONING DISTRICT
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MINUTES- MOUND CITY COUNCIL - March 4, 1997
The amendment to read as follows:
"Public and Private Schools and School Administrative Offices on a site which contains
a school, is allowed as a Conditional Use in the R-1 Zoning District.
This ordinance shall not be effective until the City Council issues a Conditional Use
Permit for the location of a School Administrative Office at Shirley Hills Elementary
School, at 2450 Wilshire Blvd and shall be void if such Conditional Use Permit is not
issued by July 1, 1997."
A vote on the ordinance was unanimously in favor. Motion carried.
1.10 PUBLIC HEARING: CONDITIONAL USE PERMIT, EXPANSION OF A "PUBLIC
SCHOOL AND ADD ADMINISTRATIVE OFFICES" IN THE R-1 ZONE, WESTONKA
PUBLIC SCHOOLS (SHIRLEY HILL ELEMENTARY SCHOOL), 2450 WILSHIRE
BLVD., PID//24-117-24 12 0059. PLEASE NOTE: THE PLANNING COMMISSION WILL
BE DISCUSSING THIS ITEM AT ITS MARCH 24, 1997, PLANNING COMMISSION
MEETING. MAYOR COULD OPEN THE PUBLIC HEARING AND THEN CONTINUE IT
TO APRIL 8, 1997.
The Mayor opened the Public Hearing. No one commented.
MOTION made by Hanus, seconded by Ahrens to continue this Public Hearing until April
8, 1997. The vote was unanimously in favor. Motion carried. Motion carried.
1.11 CASE//97-11: JAMES & DENISE CRAWFORD, 5224 WATERBURY ROAD, LOTS 5,
6 & 9-12, BLOCK 18, WHIPPLE. REQUEST: WAIVER OF PLATTING.
The City Planner explained that the applicants are seeking approval of a Waiver of Platting to allow Lot
12 to be separated from Lots 5 and 6. The purpose of the separation is to allow the owners of Lots 9,
10 and 1 ! to acquire Lot 12 and add it to their parcel. The only complication to this waiver of platting
is the Lot of Record status, if this is approved. Would Lots 5 and 6 still be considered a lot of record?
This is a concern because hardcover requirements and setbacks are different if a parcel is considered
a lot of record.
The City Planner stated that there have been various interpretations of a "Lot of Record". Anytime a
property has been subdivided, there's a question about whether the remaining property that's there still
retains its "Lot of Record" status. That being, a lot that's in existence at the time the Zoning Ordinance
is modified or adopted.
The City Attomey stated that the only definition for "Lot of Record" is in the Zoning Ordinance,
Section 350:310, Subd, 84. There is nothing in the definition that talks about combinations for tax
purposes. It talks about a plat or subdivision, and if you go to the subdivision ordinance, there is no
reference there at all to combinations for tax purposes. He related that the definition for "Lot of
Record" really needs some work and suggested that this be referred to the Planning Commission. The
City Attorney stated that you cannot, through a tax combination, create a lot of record, under Mound's
ordinance. He further stated that apparently Lots 5, 6 & 12 have been considered a "lot of record"
because of the way it has been developed and built upon. He saw no reason why Lots 5 & 6 could not
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continue to be considered a "lot of record".
The City Attorney suggested that this "lot of record" issue in the zoning ordinance be referred to the
Planning Commission to determine how this should be applied in future cases of a waiver of platting.
MOTION made by Jensen, seconded by Hanus to have the City Attorney prepare a
resolution granting the waiver of platting and giving the "lot of record" status for this case
(Lots 5 and 6), with a t'mding of fact that the ordinance is confusing and the burden of
proof should fall on the City. This to be brought back to the Council for approval on
March 25, 1997. The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
BILL STEWART, 2960 Hazelwood Lane, suggested that the Council speak into the microphones
so the public can hear what is being said.
1.12
RECOMMENDATION FROM PARKS AND OPEN SPACE COMMISSION RE:
ENCROACHMENTS ON PUBLIC LANDS AS PROPOSED BY COMMONS TASK
FORCE.
The City Manager stated that this item was brought before the POSC at the last meeting. They
recommended that the newly formed Dock & Commons Advisory Commission review this and give
their recommendations to the City Council. He reported that the Dock & Commons Commission will
have its first meeting on March 19, which is the day after the Council has its discussion on this at the
Committee of the Whole Meeting. He reminded the Council that the newly formed Dock & Commons
Commission is comprised of the members of the Task Force that originally came up with the policy on
encroachments. Councilmember Weycker stated that she did not see a problem with the Council
discussing it at the COW meeting on March 18, 1997. No action was taken at this time.
1.13
PRESENTATION ON INFLOW/INFILTRATION (SUMP PUMP
DISCONNECTION}PROGRAM- KYLE COLVIN AND DON BLUHM, METROPOLITAN
COUNCIL ENVIRONMENTAL SERVICES IMCES) AND JOHN CAMERON, CITY
ENGINEER.
The City Manager stated that at the February 18, 1997, COW Meeting there was discussion about the
upcoming sump pump disconnection program from the sanitary sewer. The City applied for and
received a grant and/or loan for $40,000 from the Met Council Environmental Services Agency, to
perform inspections of Mound residences to determine whether they have sump pumps and if they are
connected to the sanitary sewer system or not. As a part of this program, the City has been asked to
consider an amendment to the sanitary sewer ordinance dealing with sump pump disconnections. This
would put a little more teeth into that ordinance so that residents of the community will comply with
the sump pump disconnection ordinance.
Kyle Colvin and Don Bluhm from the Metropolitan Council Environmental Services (MCES), and the
City Engineer made a presentation of the reasons for this program, history of the program, how it was
developed, the impact the program will have on the City's sewer rates, and ultimately what this means
to the residents in savings in sewer rates. They pointed out that this could cost the City up to $1000.00
a year per sump pump that is discharging into the sanitary sewer. An informational vid~ was run
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MINUTES- MOUND CITY COUNCIL - March 4, 1997
explaining how the program works.
The City Engineer explained that Visu-Sewer will be doing the inspection work, much like what was
done with the water meter installation.
The Council discussed educating the public on this so they know they will be saving tax dollars and
dollars on their sewer bill by complying with the disconnection of sump pumps to the sanitary sewer
system.
The Mayor stated he is not against the program, but he does have a problem with the surcharge in the
ordinance for noncompliance.
1.14 APPROVAL OF AN ORDINANCE AMENDING SECTION 600:25 OF THE CITY CODE
RELATING TO PROHIBITING DISCHARGES INTO THE SANITARY SEWER
SYSTEM.
Ahrens moved and Weycker seconded the following:
ORDINANCE//88-1997 AN ORDINANCE AMENDING SECTION 600:25 OF THE
CITY CODE RELATING TO PROHIBITING DISCHARGES
INTO THE SANITARY SEWER SYSTEM
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS:
A. REMINDER: HRA Meeting Tuesday, March 4, 1997, 7:00 P.M.
B. No City Council Meeting, Tuesday, March 11, 1997, due to National League of Cities
(NLC) Conference.
C. REMINDER:
Committee of the Whole Meeting, Tuesday, March 18, 1997, 7:00 P.M.
Please note time change.
Park & Open Space Commission Minutes of February 13, 1997.
Planning Commission Minutes of February 24, 1997.
SAVE THE COMMONS GROUP
The City Manager stated, that the City being a property owner in this area has received an
invitation from the Save the Commons Group, which is apparently taking some legal action to
get a Declaratory Judgement on the Wawonnossa and Waurika Commons issue. The City is
being asked to consider participating either as a plaintiff or a defendant. They are having a
meeting tomorrow evening, March 5, 1997, at 7:00 P.M. at the Senior Center. The City
Attorney and the City Manager discussed the letter/invitation and it was their suggestion that the
Council take a low profile position and not become an active participant at this time.
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The Mayor asked that the Dock & Commons Advisory Commission, address the implementation of the
mediation findings, as one of their first tasks. The Council agreed.
MOTION made by Weycker, seconded by Jensen to adjourn at 9:50 P.M. The vote was
unanimously in favor. Motion carried.
Attest: City Clerk
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Bills March 04, 1997
BATCH 7023 $150,482.66
Total Bills $150,482.66