1997-10-28'1.0
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Mou~d City Cou~dl Mbmtes - Ocu~r 28, 1997
MINWY~ ' MOUND CITY COUNCIL ~ OCTOBER 2,8, 1997
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, October 28, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road,
in said City.
Those present w.~,e: Mayor ~Bob Polston, Counci!members Andrea Ahrens, Mark Hanus, Liz
lensen and Leah. Weycker; Als0 ~.attendanCe Were:. Ci,ty ~Maxmg.. er Edward j. Shukle, Ir., CitY
A,t~grne.'y John Dean,'; .".Building .Official ion ~et~ ~md City Clerk Fran Clark and the
~; Laurig Rubineli; Tom Lehmen, Willi~ Mc Master, Lee Dorholt, Rick Iorgensen,
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 setnzrate 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 Weycker asked that Item *A., Minutes of the October 14, 1997, Regular Meeting
be removed from the Consent Agenda.
Councilmember Hanus asked that Item E., Case ~n)747 be removed from the Consent Agenda. He
also stated he had two Add-On two items from the Planning Commission.
CONSENT AGENDA:
MOTION made by Ahrens, seconded by Weycker to approve the Consent Agenda as amended
above. The vote was unanimously in favor. Motion carried.
APPROVE THE MINUTES OF THE OCTOBER 20.1997. COMMITTEg OF ~ WItOL~,
MOTION
Ahrens, Weycker, unanimously.
APPROVE THE MINUTRfl OF THE OCTOBER 20. 1997. JOINT MOUND & MINNETRISTA
CITY COUNCR,S' AND WESTO~ SCHOOL BOARD MIZ~ETING.
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Mound City Coutwit Minutes - October 28, 1997
MOTION
Ahrens, Weyeker, unanimously.
APPROVE ~ Mmtn~ OV Tim ocro~va az. 1~7. JOINT MOUn~ ak
CITY COUNCILS' AND WESTONKA SCHOOL BOARD MEETING.
MOTION
Ahrem, Weyeker, unanimously.
~ VARIANCE REOUEST FOR FRONT YARD SETBACK FOR AN ADDITION.
GAYLE LEA PERSON. 1933 LAKES~E LANE. LOT 9. BLOCK 11. SHADYWOOD POINT,
PID 18-117-23 23 0055.
~LUTION/~/-111
RESOLUTION TO APPROVE A FRONT YARD SETBACK
VARIANCE FOR AN ADDmON AT 1933 LAKESIDE
LOT 9, BLOCK !1, SHADYWOOD POINT, PID 18-117-23 23
0055, P & Z CASE ~jr/-48
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Ahrens, Weyeker, unanim~y.
~ yARIANCE REOUF3T FOR LOT SIZE TO CONSTRUCT AN ADDITION.
LAURIE RUBINEH. 2213 CHATEAU LANE. LOT 17. BLOCK 1. CREVIER~
SUBDIVISION OF ISART OF LOT 36. LAFAYETTE PARK. PID 13-117-24 43 0058.
RESOLUTION/n)7-112
RESOLUTION TO APPROVE A LOT SIZE VARIANCE TO
CONSTRUCT AN ADDmON AT 2213 CHATEAU LANE, LOT
17, BLOCK 1, CREVlF. R'S SUBDIVISION OF PART OF LOT 36
LAFAYETTE PARK, PID 13-117-24 43 0058, P & Z CASE P)7-49
Ahrens, Weycker, unanimously.
(~ASE 97-50: REOUEST FOR MINOR SUBDIVISION. ANDY GEARHART. 2075
(;RANI)VIEW BLVD.. LOTS 47. 48 AND 49 MOUND SHORES. PID 14-117-24 42 0084.
RESOLUTION/9%113
RF...qOLUTION TO APPROVE A MINOR SUBDIVISION AT 2075
GRANDVIEW BLVD, LOTS 47, 48, AND 49, MOUND SHORES,
PID 14-117-24 4~ 0084, P & Z CASE g97-50
Ahrem, Weycker, umnimously.
~ VARIANCE FOR LOT SIZE AND FRONT YARD SETBACK TO CONSTRUCT
AN ADDmON. BRIAN AND DEE SKALBECK. 5341 FRANKLIN ROAD. W-P/LOT 46
WHIPPLE SHORES. PID 25-117-24 21 0115.
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Mound City Council Minute~ - October 28, 1997
RESOLUTION ~97-114
~LUTION TO APPROVE A LOT SIZE AND FRONT YARD
SETBACK VARIANCE TO CONSTRUCT AN ADDITION AT
5341 FRANKI.IN ROAD, W-P/LOT 46, WHIP~ SHORES, PID
~5-117-24 ~1 0015, P & Z CASE
Ahrens, Weycker, unanimously.
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~ VARIANCE REOUEST FOR FRONT YARD AND SIDEYARD TO
CONSTRUCT THREE SEASON PORCH. BOB AND CATHY BERGEMANN.
BRIGHTON BLVD, LOTS 12 & 13 AND 15' VACATFD STREET. BLOCK 14,
ARDEN. PID 24-117-24 44 0168 & 0169.
RESOL~ON ~r/-l15
RESOIXJTION TO APPROVE A FRONT YARD AND SIDE YARD
SETBACK VARIANCE TO CONSTRUCT n 3 SEASON PORCH
AT 34}54 BRIGHTON BLVD, PID 24-117-24 44 0168 & 0169, P &
Z CASE g97-52
Ahrens, Weycker, unanimously.
· 1.9 CASE 97-53: MINOR SUBDIVISION. BALBOA CENTER L~I1TE~ PARTNERSHIP. 5300
SHOREIJNE DRIVE. PID 13-117-24 34 0096 AND PID 13-117-24 34 0015.
RESOLUTION ~7-116
RESO~ON TO APPROVE A MINOR SUBDIVISION AT 5300
SHORELINE BLVD, PID 13-117-24 34 0096 & 0115, P & Z CASE
Ahrens, Weycker, unanimously.
*1.10 BID AWARD: CENTRAL BUSINF-qS DISTRICT ¢CBD} SNOWPLOWING. 1997-~_.
RESOLUTION g97-117
RESOLUTION TO AWARD THE BID
SNOWPLOWING TO WIDMF~R BROS., INC.
FOR CBD
Ahrens, Weycker, unanimously.
*1.11 PUBLIC LANDS PERMIT- ALTERATION/TRIMMING ON COMMONS - THOMAS R.
MENKI~.N. 1720 DOVE LANE.
RESOLUTION ~9'/-118
~LUTION TO APPROVE A SPECIAL PERMIT FOR A
LAND ALTERATIONS ON PUBLIC LAND KNOWN AS WIOTA
COMMON TO ~l.lOW TRIMMING OF LILAC BUSHES
AB~G 1720 DOVE LANE, LOTS 7, 8, & 9, BLOCK 12,
DREAMWOOD
Ahrens, Weycker, unanlmously.
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Mound C~ty Coun~l M~nut~ - October 28, 1997
PAYMENT OF B~.
MOTION
Ahrens, Weycker, unanimously,
The Council then dealt with the 2 items that were removed f_rom the Consent Agenda.
1.13 APpROVE THE MINUTES OF THE OCTOBER 14. 1997. REGULAR MEETING.
Councilmemher Weycker stated she voted against Resolution/97-110, appointing Andrea Ahrens to
the L.M.C.D. for a one year term, beginning January 1, 199~.
MOTION made by Weycber, seconded by Hanus to approve the Minutes of the October 14,
1997, Regular Meeting, as amended above. The vote was unanimously in favor. Motion
carried.
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CASE 97-47: VARIANCE REOUF~T FOR A SIDEYARD SETBACK TO REPLACE DE~K,
BARBARA. CASEY, 4704 ISLAND VIEW DRIVE, LOTS 1 & 2. BLOCK 6, DEVON , PID
30-117-23 22 0042.
Colm¢ilm~mher Hailzt$ questioned the ninth ~V~IEREA~ in the proposed resolution. The City Attorney
Hanus moved and Jensen seconded the following resolution deleting Whereas
~LIfI'ION P~/-119
RESOLUTION TO APPROVE A Sine YARD SETBACK
VARIANCE TO REPLACE EXIS~G DECK AT 4704 iSLAND
VIEW DRIVE, LOTS 1 & 2, BLOCK 6, DEVON, PID 34~117-23
22 0042, P & Z CASE g97-47
The vote was nnanimously in favor. Motion carried,
1AS CO~ PUBLIC ~ARING: UNPAm T~EE REMOVAL ASSF~qS~. CHRI~
PALM. 1772 LAFAYETTE LANE,
The City Manager explained that he met with the Park Director and the tree service and has spoken with Ms.
palm on the phone. He stated the stories do not match. His recommendation is that Ms. Palm be assessed
$1500. for the hazardous tree removal. This seemed to be agreeable to Ms. Palm. Councilmember Jensen
asked that the sales tax of $97.50 be added to the $1500. The Council agreed.
Ahrens moved and Hanus seconded the following resolution:
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Mound City Council blim,w~ - October 2~, 1997
RESOLUTION NO., 97-120
~LUTION ADOPTING UNPAID HAZARDOUS TREE
AMOUNT OF $1,597.50 TO BE CF_,RTIF~I~ TO ~
COUNTY AUDITOR AT 8% INTKRKST LKVY #14123
The vote was unanimously in favor. Motion carried.
1.16 PROPOSER ORDINANCE AMENDME~ REGARDING RECRI~ATIONAL FIREq.
The City Manager explained the background. The City Attorney has drafted an ordinance anmndment based
on discussion at the COW Meeting for the Couadl's review. He reported that a change is proposed to the
first ~h to read as follows:
After considerable discussion the following was changed in the proposed ordinance amendment:
L Section 235 of the City Code is amended bY addin? a new Sec__tion 235.2~ to rend ns foHowst
Section ~35-.~. Recrentionnl Fires.·
recreational f'we tn violation of the eonditiom d~eribed below,
Ae ..... ,1. ...... ~..'=-- =~ 1 .... The re~ulstions contains[ in thLq ~__tion and the Dermlt
reouirement in Section 23527 are not applicable for fires contained in a rhnreon_l_ grill.
_enmn stove, or other glmilnr
Subd. 1. ]~alli/~ha~ For purposes of this Section the following definitions shall apply.
(a) "Attendant" is the same as a competent, unimpaired ~u~t.
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(c)
"Burner" means a firebox, a barrel or similar container used for an outdoor
fire, but not including grills or barbecues used principally for the cooking of
food.
"Competent, Unimpaired Adult' means a person over eighteen (18) years of
age ~ who is not under the influence of alcohol or other drugs, who shall
be the responsible party for directly supervising an o~en bum and who shall
be responsible for ensuring compliance with this Section.
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(e)
Mound City Council Minute~ - October 28, 1997
"Fire Chief" means the appointed Fb'e Chief or any individual designated by
the, Fire Chief to perform specific duties.
'Reerea~ ~re~ means a fire set for cooking or warming or other
recreational purposes which ~-: is not more than three (3).feet in diameter and
three (3) feet in flame height, and has a non-combustible separation between
the fire area and adjoining combustible material such a~ bricks or stones and
has had the ground five (5) feet from the base of the fire cleared of all
combustible material.
"Starter Fuels" means dry, untreated, unpainted wood or charcoal fire starter.
Paraffin candles, commercially available products for use in starting charcoal
grills and alcohols are permitted as starter fuels and as aides to ignition only.
Propane gas torches or other clean burning devices causing minimal pollution
may be used to-start up an open fire. Starter fuels do not include gasoline,
diesel fuel, kerosene, and hearing oil.
"Wood" means dry, clean fuel only such as twigs, branches, limbs, "Presto*
logs", "duraflame logs", charcoal, cord wood, and untreated dimensional
lumber, including clean pallets. *Fuel" does not include wood that is green;
leaves or needles; grass clippings; ~-den waste; wood that is rotten, oil Maked
or ~ with paint, glue or preservative; plywood, particle board, chip
board, finished paneling, or painted, treated, or stained cardboard or paper.
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He
reermafinnnl f'tr~'
The followin? l?np=rld reo_ulrpmpnte ~hnll apply to nil
The rife shall be attended bv a com~e, nt._ uninmnlred adair at all .tlm~
that smoke is produced fFmn the ru~_t
Eaui_Dment to control and e~in~lldu~ the rife .~hnll be imrt~_dlnt_el_? availnh~
to the attendant at the site of the fife at all tlrm~_ durln~ btrnin~. Thi*
may include, hand tools, hose lin,~. and w~ter b~ckpte.
A moorm of* mlmmflnimp the FiFe Dermrtment ~hall be
Only Wood. as def'med in Subd. 1¢~ of tht~ ~_gec~__ion and starter Fuels
defined in Subd. l(fl may be burn_~_ in a recre~__!ionai f'we
The fire may not be started or continued in siO, nflons where _Drevnilin?
winds or other factors create an un~qfe condition or fl_i_rect ~qmok~ toward
other nearby residences.
The r~e ~ net be located ~.,~.k.!..: ~ f~ a ~f'e didnnce frflm any
structure or conmustible material.
~ Recrentlonnl r~es mnv be con_dlj__oted_ at nnv ~ of the dnv or nj?hi
Subd. 3. Recreational r~es senti not be allowed, if any of the foHowin? conditions
A r~e I~-nrd eYkts or develous fl_,_,_rlm, thp course of the burn.
Pollution or nuisance conditions develop fl_,_,_rin? the course of the buru:
lc) The r~e is left unn_ttended, or th~_ n__ff_en_dnnt is im~rmlro~_
(ti) The rh~e is allowed to ~nolder with no fhm~. vtqlhle and is un-trended_.
,A_nv of the conditions og4~b~eem~ of tht~ ~_gect_Jon are vlolat_~_ d,,~n? the
course of the burn.
Section 235:27 of the City Code is amended by amendln~ Subdivision 1 thereon to read as
follows: -
~ Open Burnin? Pr~hih~ed_= In addition to the reouiren~nt confnln_pd_ in Section
235:25. it shah be unlawful for any person to start or allow tO burn any open fire,~
recreational f'tre on any ~ property within the City of Mound without a permit ~
b~4~q~e~-~. No permit shall bc required of any official fife set by any public official as provided
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Mou~d CiO Council Min~e~ - Oc:ober 28, 1~7
in Section 490:20.
Section ~20:0~ of the Cit? Code is mnended to read ~s
Section 920:0S. Hours of Bumi~_. F_,xce_nt as otherwise authorized by the provisions of Section 235-.25
and 235:27, ,A ,~.A -._,.. .... ~..,~..,~_.~:.~
...... : .......... ~,, no persoo shall, within the City, bum or cause to be burned
any bonfire, outdoor rubbish or brush between the hours of midnight and noon of any day.
PAM AMIDON, 1.909 Lakeside Lane, stated she is in favor of no burning from 10:00 p.m. to 7:00
a.m. an would like everyone to have to have a permit for recreational fires.
The following persons were in favor of allowing recreational fires without a permit.
Lee Dorholt, 4924 Tuxedo Blvd.
Phil Klein, 5010 Woodland Road.
Tom Aune, 5011 Enchanted Road.
Tom Lehinen, 3161 Alexander Lane.
Polston moved and Jensen seconded the following:
ORDINANCE NO. 90-1997
ORDIN CE AI 'DINC S CTIONS
OFTHE C1TY CODE pERTAINING TO TIONAL
The vote was unanimously in favor. Motion carried.
1.17 COMMI~NTS AND SUGGF~qTIONS FROM crrlzl~IS PRI~qENT.
There was no response.
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RE~Q~'TION 97- RESOLUTION REOUESTING HENNEPIN COUNTY TO CONDUCT A
FEASIBILITY STUDY REGARDING A STOPLIGHT TO BE LOCATED AT SHORELINE
DRIVE AND WILSHIRE BLVD.
The City Manager explained that he has received a request from a citizen for a stoplight to be installed at
Shoreline Drive and Wilshire Blvd. Since Shoreline Drive is a County Road, he felt asking HennePin
County to conduct a f .easi'bility study On this would be in order, He slated if the County feels it is wan'anted,
it could cost the City $75,000 to $120,000. The Police .Dept; tulxr,~ that there has been about 21 accidents
at this intersection in the past 3-4 years. The Council discussed the request and decided they
would like to do some research and hold a public hearing on this before requesting that the County conduct
a feasibility study. No action was taken on this item at this time.
1.19 pLANNING COMMISSION ITEMS
536
Mound Cit~ Council Minute~ - October 28, 1997
Councilmember Ha~us stated that at the Planning Commission mee~ng last night there was a case
where a person wanted to add a conforming smscture on a lot that was substandard in size. It was
suggested that there are other cities they thought are using CDBG monies to alleviate some of these
problems. He did not know if the city was using these funds to purchase undersized lots. The
Planning Commission would like to see this research~ to see if CDBG funds are available for this
purpose. The City Manager will check into this.
The City Attorney stated that the City of Richfield has a very aggressive scattered site housing
program and .one of their goals is to pick up substandard lots and lots that have blighted homes. The
entire City has been set up as a redevelopment project area. Each new house is its own tax increment
district and they are using the tax increment that the property generates to help finance a revolving
fund to purchase new sites to keep the process going.
The City Manager explained that six or seven ye~us ago, the County took the money that was not
used in CDBG was put in a discretionary pool and cities could apply for it. Mound did apply for
$250,000 to use for scattered site housing. He had to go before a committee of citizens from all
over the County and they couldn't understand why we wanted to do this and turned it down. He
further explained that Mound's total allocation of CDBG money is about $65,000 per year and which
helps fund the social services and private rehab. The City Attorney will forward Richfield's
program information to the City Manager for review.
The other issue was one that has been talked about at previous COW Meetings. The Planning
Commission is asking to be directed to start drawing up or looking at a Truth in Zoning Ordinance.
Councilmember Hanus stated he knows the City Council is split on this. He felt if given certain
restrictions and certain conditions, he could support this depending on how it is written and how it
is made up.
The Council asked what the Phuming Commission is trying to accomplish. Councilmemher Hanus
stated that soineone goes to sell their property, the prospective buyer would he told whether or not
the lot is conforming, if it's known, whether it's nonconform~g, but primarily they are given a
zoning sheet that tells them what the setbacks are for their zone. It would be purely informational
and very minimal in cost. It would inform prospective buyers of the zone they are in and what the
zoning restrictions and requirements are. It would he something that would he required by ordinance
and everyone would he required to do it. The vehich~ used for enforcement would be at closing
where there would be a document that the City would require to be signed stating that prospective
buyers have received this information.
The Mayor stated he would he willing to make this information available upon request, but he is
absolutely opposed to making the this a requirement of the City. Councilmember Ahrens stated she
does not like the idea of the City being involved in all closings on the sale of property.
The City Attorney stated there are several cities who have a zoning information handout that they
make available for people who request it. He will get one for the Council to review for information
purposes. There seemed to he support on the Council for this.
No action was taken on this item.
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INFORMATION/MISCELLANEOUS: '
A. Financial Report for September, 1997 as prepared by Oino Businaro, Finance Director.
B. LMCD Mailings
Update from Hennepin County Regarding Affordable Housing and Maintaining Quality Communities.
121~k & Commons Advisory ,Commi~on Minut~ of Oetoi~ 16, 1997.
Correspondence from Karen Cole, Kennedy & Graven, RE: Woodland Point Summons.
Correstxmdence includes: (1) Answer to Certain Respondents Abutting Wawonaissa Common,
Notice filed by two landowners abutting Wawonaissa Common (~ames and Lisa Prom) seeking to
intervene as respondents, along with an answer similar to that filed by the other respondents; and (2)
Additional answer filed by F~liT~heth A. Vucinovich-Jolmson and Keith O. Johnson.
~ Dedication of tree/plaque at Centerview Beach for Frank Weiland, Saturday, October
25, 1997, 1 a.m.
~ Committee meeting regarding the Westonka Community Center, Wednesday, October
29, 1997, 7:30 P.M., Westonka Community Center.
H. ~ Annual Christmas Party, Sunday, December 14, 1997. Location to be determined.
~ Only City Council Meeting in November will be on Tuesday, November 18, 1997.
No meetings on November 11 (Veterans Day) and November 25.
MOTION made by Jensen, seconded by Ahrens to adjourn at 9:15 P.M. The vote was
unanimously in favor. Motion earried.
Edward L Shukle, Jr., City Manager
Attest: City Clerk
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BILLS
October 28, 1997
Batch 7102
Total Bills
$246,532.17
$246,532.17