1997-06-24,Ii I i I 'Bi, 1,, J ,I ,
Mound City Council Minutes - dune 24, 1997
MINUTES - MOUND CITY COUNCIL - JUNE 24, 199'7
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, June 24, 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, Liz
Jensen and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City
Attorney John Dean, Building Official Jon Sutherland, City Planner Mark Koegler, City
Engineer John Cameron, Fire Chief Steve Erickson, City Clerk Fran Clark and the following
interested citizens: Gabriel and Colleen Jabbour, Donna Easthouse, Pam Amidon, Ken Grabow,
Jim O'Hearn, and the following Mound Westonka Girls Softball Team and Coaches: Christy
Ct, rson, Chrissy Faxley, Heather Carlson, Liz Spott, Jenny Heitz, Casey Curson, Sarah Peglow,
Nicole Lee Ahnquist, Traci Carlin, Erin Furlong, Stacey Ellis, Erica Juhl, Randy Lage, Mike
Haugh.
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&ese
items unless a Councibnember 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.
APPROVE AGENDA. At this fin?e 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 Hanus asked that Item *E, Case #97-23 be removed from the Consent Agenda.
CONSENT AGENDA:
MOTION by Ahrens, seconded by Weycker to approve the Consent Agenda, removing
Item E, as presented. A roll call vote was tmanimously in favor. Motion carried.
*1.0 APPROVE THE MINUTES OF THE JUNE 10, 1997 REGULAR MEETING.
MOTION
Ahrens, Weycker, unanimously.
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*1.1
*1.2
Mound City Coundl Minutes - June 24, 1997
APPROVE THE MINUTES OF THE JUNE 17~ 1997 COMMITTEE OF THE WHOLE
MEETING.
MOTION
Ahrens, Weycker, unanimously.
CASE 97-21: VARIANCE FOR DECK, JIM & SUE O'HEARN, 1786 SHOREWOOD
LANE, LOT 7 & 8 P/8, BLOCK 3, SHADYWOOD POINT, PID #13-117-24 11 0005.
RESOLUTION #97-58 RESOLUTION TO APPROVE A FRONT YARD &
SIDEYARD VARIANCE FOR A CONFORMING DECK AT
1786 SHOREWOOD LANE, LOT 8 & p/7 & 9, BLOCK 3,
SHADYWOOD POINT, PID #13-117-24 11 0005, P & Z
CASE #97-21
*1.3
Ahrens, Weycker, unanimously.
CASE 97-22: VARIANCE FOR SHED, DOUGLAS EASTHOUSE, 3042 ISLAND VIEW
DRIVE, LOTS 50-51, PHELPS ISLAND PARK 1sr DIV., PID #19-117-23 34 0075.
RESOLUTION #97-59
RESOLUTION TO APPROVE A LAKESIDE SETBACK
VARIANCE TO ALLOW CONSTRUCTION OF A SHED
AT 3042 ISLAND VIEW DRIVE, LOTS 50 & 51, PID #19-
117-23 34 0075, PHELPS ISLAND PARK 1ST DIVISION, P
& Z CASE #97-22
Ahrens, Weycker, unanimously.
'1.4 PAYMENT OF BILLS.
MOTION
Ahrens, Weycker, unanimously.
1.5
CASE 97-23: VARIANCE FOR DECK, KENNETH & CAROL GRABOW, 1732
CANARY LANE, LOT 10, 11, 12, BLOCK 11, DREAMWOOD, PID #13-117-24 24 0015.
Councihnelnber Hanus suggested that the third Whereas in the resolution be amended as follows
because it is contradictory to the fifth Whereas.
"WHEREAS ~ ........ 4 .... ~ .... ~,.,. : ....... 4 ~,~ ; ....... : ........ c,,,.~ ~, ......... the
hardcover impact is rninimal due to the fact that the property abuts Wiota Colnmons, which is held
in perpetual open space; and". The Council agreed.
Councilmember Ahrens suggested that #2 in the NOW, THEREFORE, BE IT RESOLVED, be
changed as follows:
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Mound City Council Minutes - June 24, 1997
2. "The applicant will remove the currently existing nonconforming shed to incrcas¢ decrease the
impervious cover."
The Council agreed. The City Planner stated these changes are consistent with the intent of the
resolution.
Ahrens moved and Hanus seconded the following resolution:
RESOLUTION//97-60
RESOLUTION TO RECOGNIZE A NONCONFORMING
HOME WITH A FRONT YARD, REAR YARD AND SIDE
YARD SETBACK VARIANCE TO ALLOW
REPLACEMENT OF AN EXISTING WALKWAY, PATIO
AND DECK AT 1732 CANARY LANE, LOT 10, 11, 12,
BLOCK 11, DREAMWOOD, PID 13-117-24 24 0015,
P&Z CASE//97-23
The vote was unanimously in favor. Motion carried.
1.6
FRONT YARD VARIANCE REQUEST AND RESOLUTION MODIFICATION,
CALIBER BUILDERS, FRED JOHNSON, 5100 DRUMMOND ROAD, TEAL POINTE,
LOT 3, BLOCK 1, PID//25-117-24 12 0233.
The Building Official explained that this item was referred back to the Planning Commission at the
May 27th Council Meeting. This was done to provide the public with an opportunity for input.
Neighbors within 350 feet were notified, similar to the public hearing process. He reported that a few
people attended the Planning Commission Meeting and their comments are in the June 9th Planning
Commission Meeting Minutes. They spoke in opposition to the staff recommendation. The Planning
Commission voted 3-2 in favor of the staff recommendation for approval.
Hanus moved and Weycker seconded the following resolution:
RESOLUTION 97-61
RESOLUTION AMENDING RESOLUTION //95-13
MODIFYING ITEM//16 FOR PARCELS 1, 2, 3, BLOCK 1,
TEAL POINTE, AND TO APPROVE A 10 FOOT FRONT
YARD SETBACK FOR LOT 3 ONLY
The voted was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
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1.7
Mound City Council Minutes - June 24, 1997
RECOMMENDATION FROM PARK. AND.,:OPEN SPACE COMMISSION RE:
REQUEST TO SELL CONCESSIONS AT MOUND BAY PARK DEPOT, WESTONKA
HELPING YOUTH (WHY)
The City Manager explained that the Westonka Helping Youth Group (WHY) has asked for
permission to sell concessions (candy, pop, and ice cream) at the Mound Bay Park Depot on
Wednesdays, starting July 23 through August 20, from noon to 8:00 P.M. This would be done by
children and young adults in the community. He explained that he and the staff feel that there needs
to be adult supervision at all times when the concession area is open. He stated that Wendy Goldring,
from the Community Education Department of the school has assured the City that there will be adults
present during these times. This is a new program and the City has never been approached for
something like this. The Park Commission recommended approval of the request with all fees waived
and the net proceeds from the sales of concessions to be distributed to a charitable purpose.
The Council discussed the request. They voiced concerns about the following:
Clean-up of the area during and after the concession stand is open.
Having an adult to supervise at all times.
Paying the young adults who work a stipend versus giving whatever they make from
the sales toward a park improvement or charitable cause.
Not having some organized activity for these young people.
No damage deposit.
The Council asked that the City Attorney prepare a document that the Council can feel comfortable
with that would give some guidelines to allow this to happen. This to be brought back at the next
Council Meeting.
No action was taken on this item.
1.8
DISCUSSION: PROPOSED ORDINANCE AMENDlNG SECTION 235:27, SUBD. 1 OF
THE CITY CODE RELATING TO RECREATIONAL FIRES.
The City Manager explained that this was before the Council a few meetings ago and the Council
asked for more information. This ordinance amendment would address a problem that was identified
by both the Fire Chief and Police Chief regarding recreational fires. The Fire Chief has put together
a list of calls that they have had since 1995 that relate to recreational and illegal burning.
The Fire Chief explained that they are trying to define recreational fires because there have been so
many calls on this type of fire. He further explained that a lot of these fires are too big or not
handled in a safe manner to be recreational fires. The Fire Dept. is not against recreational fires.
There needs to be a definition of recreational fires so that they can control the situation.
A definition needs to be adopted so there is a difference between a recreational fire and folks that are
burning whatever, i.e. building materials, leaves, branches, etc.
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Mound City Council Minutes - June 24, 1997
The Fire Chief stated he needs clarification on the following:
3.
4.
5.
Size of the fire.
Type of combustible used for a recreational fire.
Location. Where it can take place. Distance from buildings.
Times when recreational fires are allowed.
What is a recreational fire.
The Fire Chief explained that they do issue permits for other than recreational fires.
The Council discussed the proposed amendment. Councilmember Hanus suggested measuring the
height of the combustibles rather than the height of the flames. He did not like the time restriction.
Pam Amidon, 1909 Lakeside Lane, spoke in favor of the proposed ordinance amendment.
Jim O'Hearn, 1786 Shorewood Lane, spoke in favor of allowing recreational fires.
The Council referred the proposed ordinance amendment to the City Attorney, to be brought back to
the next Council Meeting.
No action was taken.
1.9 PROPOSED AGREEMENT WITH THE MINNEHAHA
DISTRICT (MCWD) REGARDING "RULE B" ISSUES.
CREEK
WATERSHED
The City Manager explained that following the Committee of the Whole Meeting and a meeting with
the MCWD, the City Attorney has been working with the attorney for the Watershed District and a
draft agreement is now ready. The Board of Managers of the MCWD has not yet seen the draft.
The City Attorney distributed a marked up copy of the agreement with the changes highlighted. It
is in the form of the document discussed at the last Council Meeting. He reviewed the draft with the
Council citing the following:
Page 1.
It makes clear that this agreement relates to the downtown redevelopment area only.
It is a cooperative agreement for ponding for water originating from drainage in the
downtown area and our obligations begin and end with methods for handling that
particular type drainage. There will be an attachment prepared which delineates the
area of the watershed for the downtown area.
Page 2.
Limiting our obligations to issues of drainage relating to the downtown area.
Page 3.
Shifted the burden of maintaining the pond from the City to the Watershed District.
At the meeting, the MCWD indicated a willingness to do this. Then when we agreed,
they back peddled a little. They were suggesting at one point in the meeting that
maybe we could work out a deal where they could pay the City to assist them in the
maintenance. Therefore, the City Attorney added a sentence to 2.1.3. as follows:
"Nothing in this Agreement shall preclude the MCWD and City from entering into an
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Mound City Council Minutes - June 24, 1997
agency agreement whereby some or all of the MCWD's maintenance activities are to
be undertaken by the City or others."
At the bottom of Page 3 he added a clause to the beginning of the last sentence of 2.2.1
that was deleted inadvertently, as follows: "unless it shall' determine otherwise".
This just says that we have no responsibility for the expenditure of funds necessary for
the acquisition of ponding areas which are required for receiving waters from areas
outside the downtown area unless we determine otherwise.
In other words, we are creating an opportunity or option on the part of the City if it
were to choose to do so, to, in the future, acquire additional areas and expend funds
for that purpose to provide for ponding to receive water from areas outside the
downtown area. But, it would be absolutely the City's option and at the City's
discretion and we could not be required by any other entity to do that if we chose not
to do it.
References the downtown area.
Page 6.
One of the concerns previously was that the first draft of this agreement was
very short and the watershed district would probably not be able to complete all
of its obligations of building ponds, etc. We are proposing the Agreement last
until December 31, 2007.
o
This could be controversial. We've said that developers, owners of land, who
are availing themselves of Rule B are required to pay for the cost of acquisition
of land, the cost of construction of ponds, and the cost of maintenance. If we
have to pay for the acquisition of lands to cover the entire downtown area, then
we should be freed of any further obligation to pay for construction or
maintenance of those ponds, that are built as a result of the land that we have
acquired for that purpose. We spent our money buying the land.
Those are the changes that have been made to the draft.
The Mayor, who is Mound's representative on the Watershed District's Stormwater Task Force
updated the Council. The Task Force is comprised of 13 communities and agencies and it has been
charged with the responsibility of addressing, specifically Rule B, and trying to get agreement among
all the participating members of the Watershed District as to whether or not Rule B is workable.
They will hold their first meeting in August and he will keep the Council posted on any changes in
Rule B. The Mayor asked the City Engineer if we need to move forward with the draft agreement
if things may change after the Task Force gives their recommendations. The City Engineer stated that
if we get agreement with Hennepin County, we could possibly start construction on Auditor's Road
yet this year which would mean we would need the Watershed Permit. The Mayor stated that from
what he heard today, there will be changes in Rule B.
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Mound City Council Minutes - June 24, 1997
The City Attorney stated that we could put some provisions in the draft agreement that if there are
modifications, changes, or anything else happens to Rule B, that this agreement would be modified
to reflect those changes. The Council agreed that should be put into the agreement.
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION//97-62
RESOLUTION TO APPROVE THE PROPOSED
AGREEMENT WITH THE MINNEHAHA CREEK
WATERSHED DISTRICT (MCWD)
The vote was unanimously in favor.
1.10
Motion carried.
PRESENTATION OF CERTIFICATE OF RECOGNITION TO MOUND WESTONKA GIRLS
SOFTBALL TEAM.
The City Council presented a Certificate of Recognition to the Mound Westonka Girls Softball Team for
winning the State Championship.
1.11 RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION
(MNDOT), MUNICIPAL STATE AID (MSA) OFFICE, TO ADVANCE $500,000 IN FUTURE
ALLOTMENTS OF MSA FUNDS FOR AUDITOR'S ROAD IMPROVEMENT PROJECT.
The City Manager explained that the City Engineer has advised us that the City's MSA Construction Fund
balance is not sufficient to construct the proposed Auditor's Road Improvement Project. He is therefore
recommending that the City request an advance from the MSA General Fund future allotments in the amount
of $500,000.00.
Polston moved and Ahrens seconded the following resolution:
RESOLUTION//97-63
RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF
TRANSPORTATION (MNDOT), MUNICIPAL STATE AID (MSA)
OFFICE, TO ADVANCE $500,000 IN FUTURE ALLOTMENTS
OF MSA FUNDS FOR AUDITOR'S ROAD IMPROVEMENT
PROJECT
The vote was unanimously in favor. Motion carried.
1.12 DISCUSSION: PROPOSED IMPROVEMENTS TO SHERWOOD DRIVE/BIDS RECEIVED.
The City Manager explained that the City received only 2 bids for the Sherwood Drive Reconstruction.
Alber Asphalt $39,976.00
Buffalo Bituminous $32,777.50
Both were over the engineer's estimated construction cost of $29,275.00. The City Engineer felt the reasons
for the higher bids are:
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Mound Ci~. Council Minutes - June 24, 1997
the time of year;
2. the size of the pro~ect; and
3. the work load of the contractors.
The Council asked that new notices be sent to the residents advising them of the bids and notifying them of
the new proposed assessments. The Council has 60 days to accept the low bid.
No other action was taken at this time.
iNFORMATION/MISCELLANEOUS:
A. Financial Report for May 1997 as prepared by Gino Businaro, Finance Director.
Park and Open Space Commission Minutes of June 12, 1997.
1997 Law Summary of the Minnesota Legislative Session as prepared by the League of Minnesota
Cities (LMC).
Do
LMCD mailing.
Planning Commission Minutes of June 9, 1997.
MOTION made by Weycker, seconded by Jensen to adjourn at 9:25 P.M.
unanimously in favor. Motion carried.
The vote was
Edward J. Shukle, Jr., City Manager
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BILLS June 24, 1997
BATCH 7062 $182,493.60
Total Bills $182,493.60