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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. 141 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 1.4 1.5 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 142 II Ii 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. 143 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 144 I Il 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 145 MINUTES- MOUND CITY cobN~IL _ torch 4, I~97 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 146 Il ,1! I I s, · ,~, ~ n 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. 147 MINUTES- MOUND CITY COUNCIL - March 4, 1997 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 148 II ,11 I I I I,l, 1, ii ,i, Bills March 04, 1997 BATCH 7023 $150,482.66 Total Bills $150,482.66