2000-10-24MINUTES - CITY COUNCIL - OCTOBER 24, 2000
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, October 24, 2000, at 7:30 p.m., in the Council Chambers at 5341 Maywood
Road, in said City.
Those present were: Acting Mayor Mark I-Ianus; Council Members: Andrea Ahrens, Bob
Brown, and Leah Weycker. Absent and excused: Mayor Pat Meisel. Also in attendance
were City Attorney John Dean, City Manager Kandis Hanson, City Planner Loren Gordon,
City Building Official Jon Sutherland, and Recording Secretary Diana Mestad. The
following interested citizens were also present: Jerry Marek, Steve Coddon, Jennifer and
Derek Zaugg, Peter C. Meyer, Carol Weber, Stef Mitchell, Steve and Sue Cathers, Stacy
Cathers, Amy Cicelise, Ed Mauer, Jim Brand, Frank and Betty Weiland, Lois VanDyke,
Chris Warrell, June McCarthy, Dolly O'Brien, Lina Tucker Reinden, Patti Harty, Paul
Glynn, Orv Burma, Rob Rebbyn, Elaine Winter, Michael Mueller, Lee Sampson, Nate
Eggert, Trenton Rehberger, Josh Denning, Steve Olson, Tom Eccles, Tom Casey, Ed
Carlson, Don and Cathy Scheven Jr. Lorrie Ham, Kevin Hinrichs, Rick & Deb Perry, Ken
and Shirley Romness.
*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 Council Member 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
Acting Mayor Hanus opened the meeting at 7:30 p.m. and welcomed the people in
attendance. The pledge of allegiance was recited.
APPROVE AGENDA AND CONSENT AGENDA
Council Member Ahrens added Item 9A Discussion of Leaf Disposal. Acting Mayor Hanus
removed Item G1 from the Consent Agenda.
MOTION by Brown, seconded by Ahreus, to approve the agenda and consent
agenda as amended above. The roll call vote was unanimously in favor. Motion
carried. 4-0.
CONSENT AGENDA
· 1.0 APPROVE MINUTES; OCTOBER 10 REGI.]LAR MEETING AND OCTOBER
16 SPECIAL MEETING-,
MOTION- Brown, Ahrens, unanimously.
· 1.1 APPROVE PAYMENT OF BILL$.
MOTION- Brown, Ahrens, unanimously.
MOUND CITY COUNCIL MINUTES - OCTOBI~R ~4, ~
'1.2 APPROVE MEETING SCHEDULE THROUGH 2000.
1. WED, NOV 8
2. TUES, NOV 14
3. TUES, NOV 28
4. THURS, NOV 30
5. MON, DEC 4
6. MON, DEC 11
7. TUES, DEC 12
8. TUES, DEC26
HRA & CITY COUNCIL
HRA & CITY COUNCIL ~
HRA & CITY COUNCIL
OPEN HOUSE ON STORM SEWER RATES
HRA, CITY COUNCIL & TRUTH IN TAXATION
HEARING
TRUTH IN TAXATION I-[F~ARING CONTINUATION
(w Nv__~OEO)
HRA & CITY COUNCIL
HRA & CITY COUNCIL CANCELF_D
MOTION - Brown, Ahrens, unanimously.
*1.3 APPROVE STAFF RECOMMENDATION FOR BID AWARD FOR SNOW
REMOVAL CONTRACT.
MOTION - Brown, Ahrens, unanimously.
*1.4
APPROVE RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN
THE LOCAL HOUSING INCF. aNTIVF~ ACCOUNT PROGRAM UNDER THF~
METROPOLITAN LIVABLE COMMUNITIES ACT - CALENDAR YEAR
2001.
RESOLUTION g00-94
RESOLUTION ELECTING TO CONTINUE
PARTICIPATING IN THE LOCAL HOUSING
INCENTIVES ACCOUNT PROGRAM UNDER THE
METROPOLITAN LIVABLE COMMUNITIES ACT
- CALENDAR YEAR 2001
Brown, Ahrens, unanimously.
*1.5 APPROVE SIGN PERMIT APPLICATION; WF_,$TQNKA SOCCER
ASSOCIATION - 2001 SPRING TRAVELING SOCCER REGISTRATIONS.
MOTION - Brown, Ahrens, unanimously.
PLANNING COMMISSION RECOMMENDATIONS
*1.6
CASE g00-53: VARIANCE. 5456 BARTLETT BLVD.. PATRICIA HARTY,
$456 BARTLETT BLVD.. LOT 5. BLOCK 1. CHANNELTQWN, PID//24-117-
RESOLUTION g00-95
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING A LAKESIDE SETBACK FOR A
2
MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000
DECK ON THE PROPERTY LOCATED AT 5456
BARTLETT BLVD., P & Z CASE 1/00-53
Brown, Ahrens, unanimously.
*1.7
CASE/00-55: VARIANCE. 4~00 CUMBERLAND ROAD. PAUL GLYNN. 4600
CUMBERLAND ROAD. LOTS 1.2. 28. 29. 30. BOCK 8. WYCHWOOD. PID
#19-117-23-32-0184.
RESOLUTION # 00-96
RESOLUTION TO APPROVE'FRONT YARD
SETBACK VARIANCES FOR AN ADDITION TO
~ HOME ON THE PROPERTY LOCATED AT
4600 CUMBERLAND ROAD, P & Z CASE tt00-55
Brown, Ahrens, unanimously.
*1.$
CASE ~q}0-56: MINOR SUBDIVISION. 6349 WALNUT ROAD - KEVIN
HINRICHS, 6349 W~ ROAD. LOTS 3 & 4. BLOCK 10. MOUNT
TERRACE. pID #14-117-24-35-0065.
RESOLUTION # 00-97
RESOLUTION TO APPROVE A MINOR
SUBDIVISION TO CREATE TWO LOTS FROM
THE PROPERTY LOCATED AT 6349 WALNUT
ROAD, LOTS 3 AND 4, BLOCK 10, MOUND
TERRACE, P & Z CASE # 00-56
Brown, Ahrens, unanimously.
*1.9
CASE ~00-$7 & 00-~1; MINOR SUBDIVISION & VARIANCE. 2857
HIGHLAND BLVD, - LEANN HANSEN, LOTS 74 & 75. AI. YDITOR'S
SUBDIVISION NO. 168. PID ,q23-117-24-42-0098.
RESOLIYrION # 00-98
Brown, Ahrens, unanimously.
RESOLUTION TO APPROVE A MINOR
SUBDIVISION AND VARIANCE FOR THE
PROPERTY LOCATEI~ AT 2857 HIGHLAND
BLVD., LOTS 74 AND 75, AUDITOR'S
SUBDIVISION NO. 168, P & Z CASE # 00-57 AND
00-61
1.10
CASE g00-52; MINOR SUBDIVISION. 512 LYNWOOD BLVD.. STEVEN
CODDON, $240 LYNWOOD BLVD, LOTS 6. 7. 8. BLOCK 1,
MOUND CITY COUNCIL MINUTES ' OCTOBER 24, 2000
REARRANGEM~..NT OF BLOCK 10. ABRAHAM LINCOLN ADDrrIoN TO
LAKESIDE PARK.
Acting Mayor Hanus asked why the creation of a flag lot configuration was being approved
in this manner. The City Planner stated that this was a minor subdivision in which an
additional lot was being created from an existing parcel.
Acting Mayor Hanus asked what the minimum amount of lake frontage allowed was.
City Planner stated the lot is plated at 40 feet of lake frontage and the Code states a
minimum of 40 feet at 929 is required.
The
Acting Mayor Hanus asked whether from a planning perst~five it would be better to move
the house to the north and redivide the parcel. He further pointed out that the driveway as
proposed serves five homes and wondered if this needed to be a public street.
The City Planner stated that the Planning Commission followed the current code in
recommending approval of this.
Acting Mayor Hanus stated that the purpose for a yard is to provide drainage and for it to be
useable. He stated that this does not seem like good planning and that it also requires a
driveway easement. Acting Mayor Hanus stated he was not comfortable with this.
Steve Coddon, the applicant, stated that this plan does meet the necessary criteria. He stated
that as planned, the house would not block the view of existing homes. He stated that he is
planning a major subdivision if he decides to subdivide more of the land in the future. Mr.
Coddon stated that he has drawn up association documents to cover the driveway and that he
owns all the property involved with this.
Council Member Brown pointed out that when discussing this the Planning Commission
found that it does meet the criteria called for by the code.
Council Member Hanus stated that the problem is that it does not meet the spirit of the zone.
Mr. Coddon stated that the zone requires 6,000 square feet and the proposed lot is 10,000
square feet.
Council Member Hanus stated that the feel of the property is small. Mr. Coddon stated that
as proposed, this will not interfere with the existing homes and is conforming.
Council Member Brown stated that after discussion, the Planning Commission felt this met
all conditions.
Brown moved and Weycker seconded the following resolution:
RESOLUTION # 00.99
RESOLUTION TO APPROVE A MINOR
SUBDIVISION TO CREATE ONE ADDITIONAL
LOT FROM THE PROPERTY LOCATED AT 5212
LYNWOOD BLVD., LOTS 6, 7, 8, BLOCK 1,
4
MOUND CITY COUNCIL MINUTES - OCTOBER 241 2000
REARRANGF. blENT OF BLOCK 10, ABRAHAM
LINCOLN ADDITION TO LAKESIDE PARK, P & Z
CASE # 00-52
The vote was 3 in favor with Hanus voting nay. Motion carried.
COMlV~NTS AND SUGGESTIONS FROM CITIZENS PRESENT ABOUT SURIECTS
NOT ON THE AGENDA, (PLEASE LIMIT TO 3 MINUTES PER SUBJECT.)
Michael Mueller requested Council move Agenda Item 8 to earlier on the Agenda because
his attendance was required at another meeting. Acting Mayor Hanus asked whether this
was allowed. The City Attorney stated that the ordinance would allow this. Acting Mayor
Hanus moved Agenda Item 8 to 4A.
Peter Meyer, 5748 Sunset, commented that the City's mission statement referred to
teamwork and cooperation. He then suggested that the City purchase the Mueller property
for additional parking for the downtown business district. Acting Mayor Hanus stated that
was one option that was currently being discussed.
1.11 DISCUSSION ON CITIZEN REOUEST TO RENAME PEMBROKE PARK TO
DON SCHERVEN MEMORIAL PARK.
Michael Mueller stated that he feels that renaming Pembroke Park to Don Scherven
Memorial Park is a good idea and he has been asked to present this by other citizens.
Council Member Brown stated that he concurs with Mueller on this as he felt that Don
Scherven had worked with kids all his life and he wanted to honor him.
Council Member Ahrens stated that she was 100 percent behind this idea and thought it was
a fitting tribute.
Council Member Weycker asked whether criteria had ever been set for this. Acting Mayor
Hanus stated that he did not remember any criteria. Weycker asked Staff to check where the
name Pembroke came from.
Council Member Weycker stated that there have been concerns about requests from others
when the person is not deceased and at that time Staff was directed to develop criteria.
Acting Mayor Hanus stated that it could be stressed to Staff to work on this criteria and that
Council could make a motion for Staff to do the preparation work and prepare a ceremony
for the renaming.
Council Member Ahrens stated that there should be a paper trial on the renaming of Clover
Trail Park that Staff could look at.
MOTION by Brown, seconded by Ahrens, to direct Staff to bring a Resolution
back to Council renaming Pembroke Park to Don Scherven Memorial Park and
5
MOUND CITY COUNCIL MINUTES- OCTOBER ~,, ~
tolnvestigate all legal matters and arrange for a dedication ceremony.
was nnnnimously in favor. Motion carried. 4-0.
The vote
1.12 PUBLIC HEARING ON UNPAID WATER AND SEWER BILLS.
Acting Mayor Hanus opened the Public Hearing at 8:02 p.m. There was no response.
Acting Mayor Hanus closed the Public Hearing at 8:03 p.m.
Ahrens moved and Weycker s Weycker the following resolution:
RESOLUTION #00-100
RESOLUTION ADOPTING DELINQUENT WATER
AND SEW-ER ASSESSMENT ROLL IN THE
AMOUNT OF $69,723.42, TO BE CERTIFII~ TO
THE COUNTY AUDITOR AT % INTEREST, LEVY
#14936.
The vote was unanimously in favor. Motion carried. 4-0.
1.13
Acting
Acting
Brown
PUBLIC HEARING ON CBD PARKING MAINTENANCE ASSESSMENT
Mayor Hanus opened the Public Hearing at 8:04 p.m. There was no response.
Mayor Hanus closed the Public Hearing at 8:05 p.m.
moved and Weycker seconded the following resolution:
RESOLUTION ~}0-101 RESOL~ON ADOPTING 2000 CBD PARKING
MAINTENANCE ASSESSlVlENT ROLL IN ~
AMOUNT OF $995.98, TO BE CERTIFIED TO THE
COUNTY AUDITOR AT 8% INTEREST, LEVY
#14937.
The vote unanimously in favor. Motion carried. 4-0.
1.14 PUBLIC HEARING ON UNPAID TREE REMOVAL CHARGE~.,
Acting Mayor Hanus opened the Public Hearing at 8:05 p.m. There was no response.
Acting Mayor Hanus closed the Public Hearing at 8:06 p.m.
Weycker moved and Brown seconded the following resolution:
6
MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000
RF~OLUTION lq}0-102
RESOLUTION ADOPTING UNPAID TREE
REMOVAL CHARGES ASSESSIVFENT ROLL IN
THE AMOUNT OF $394.05, TO BE CERTIFIlVJ'} TO
THE COUNTY AUDITOR AT 8% INTEREST,
LEVY #14938.
The vote unanimously in favor. Motion carded. 4-0.
1.15 PUBLIC HEARING ON UNPAID DRIVEWAy APRON REPLACEMENT
CHARGES.
Acting Mayor Hanus opened the public hearing at 8:06 p.m. There was no response.
Acting Mayor Hanus closed the public hearing at 8:07 p.m.
Brown moved and Weycker seconded the following resolution:
RESOLUTION $00-103
RESOLUTION ADOPTING UNPAID DRIVEWAY
APRON REPLACEMENT CHARGES ASSESSMENT
ROLL IN THE AMOUNT OF $288.00, TO BE
CERTIFIEr} TO THE COUNTY AUDITOR AT 8%
INTEREST, LEVY #14939.
The vote was unanimously in favor. Motion carried. 4-0.
1.16
CAROL WEBER. REPRESENTING TOBACCO-FREE FUTURE FOR YOUTH.
pRESENTATION AND REOUESTING ACTION ON RF_-$OLUTION OF
SUPPORT.
Carol Weber thanked the City Council for the opportunity to speak on this matter. She
stated that this was the group's first formal presentation to the City Council. Ms. Weber
stated that she was asking the City Council to create a tobacco free space for youth in public
parks and playgrounds. She stated that the group had drawn up a resolution to support this
and that they had compromised with~the City by making compliance with the resolution
voluntary.
The following people spoke in favor of adopting the resolution:
Dr. Ken Romness
Dr. Chuck Carlson
Derek Zaugg, 3032 Highview Lane
Tony Locken, 3023 Highview
Stef Mitchell
Dottle O'Brien, 5053 Bartlett,
Officer Sam Nelson the local DARE officer.
7
MOUND CITY COUNCIL MINUTES - OCTOBER 24~ 2000
The City Attorney asked the group to elaborate on the various statements in the proposed
resolution as far as the sources used and whether or not these were conclusions. Ms. Weber
stated they were conclusions.
Council Member Brown asked why cigarettes were so accessible to minors with the I.D.
checking processes that are in place. Officer Nelson stated that the kids get them from their
older friends or steal them.
Acting Mayor HanUs stated that the primary issue was that citizens are owed an explanation
as to why a right is being taking away. He further stated that the 'whereas' in the
resolution sounded like points of fact and wanted the sources used for these before the City
COuld recognize these statements as true.
Council Member Brown stated that he agrees with the fact issue, but also agrees with the
resolution. He stated that he was not in favor of putting more teeth in this to allow for
enforcement. Ms. Weber stated that this resolution was for voluntary COmpliance only.
Acting Mayor Hanus asked if other communities were doing this. Ms. Weber stated that
Bloomington has a clean outdoor act and that this resolution is basically copied from the one
in Bloomington.
Acting Mayor Hanus stated that he still wanted the data to defend the points of fact in the
resolution. Acting Mayor Hanus stated that is was necessary to think about the people on the
other side of the issue. He further stated that this was probably only step one in the process.
Ms. Weber stated that there were no plans to proceed any further this and that her group
would not be back in six months.
Ms. Weber stated that only 18.5 percent of the adult population in Minnesota smoke. She
stated that this is not a limitation of rights, but a chance to show the youth that the City cares
about them. She stated that smokers are not a protected class. Ms. Weber suggested that
the Council could pass the resolution tonight with a 30-day effective date making it possible
for her group to gather the requested documentation and distribute it to Council. Acting
Mayor Hanus stated that Council could wait two weeks to receive the information and then
decide about passing the resolution.
Ms. Weber stated that there were youth present at the tonight's meeting who would benefit
from seeing the resolution pass.
Council Member Ahrens asked Ms. Weber if there was any intention to take this further in
the future. Ms. Weber stated there was not.
Council Member Ahrens stated that she feels youth are pressured by their peers and not by
adults.
Acting Mayor Hanus stated that he was confused about whether the group's o~jective was to
stop underage smoking or adult smoking. He stated that posting signs would be a license for
8
MOUND CITY COUNCIL MINUTES - OCTOBER 24~ 2000
people to put pressure on smokers. Ms. Weber stated the goal is to reduce youth smoking
by reducing social exposure.
Ms. Weber stated the language proposed for the signs is 'tla. ank you for not using
products in this park." She stated the purI~se of the signs is to let people know the
resolution passed.
Council Member Brown stated that he is opposed to government interference in citizens'
lives, but is for healthy living. He stated he may have been wrong on this issue.
Weycker moved and Brown seconded the following resolution contingent on verification
of
the facts and also that Staff will develop appropriate verbiage for the signs:
RESOLUTION//00-104
RESOLUTION PROMOTING TOBACCO FREE
PUBLIC PARKS, PUBLIC PLAYGROUNDS AND
PUBLIC ~TIONAL FACILITIES IN THE
CITY OF MOUND, ~TA
Discussion:
Acting Mayor Hanus asked what was meant by the term "environmental." Ms.
Weber stated this referred to second-hand smoke.
Acting Mayor Hanus stated that the wording of "outdoor venue of recreation" seemed
rather broad and wondered if this could refer to a boat anchored off the beach. Ms.
Weber stated it did not refer to boats.
The City Attorney suggested that the terms not be defined and that resolution could
simply state public parks.
Acting Mayor Hanus asked for an explanation of how this could increase the aesthetic
value of the community. Ms. Weber stated there would be no cigarette butts on the
ground.
Council Member Ahrens asked if money for signage was available in the City's
budget. Acting Mayor Hanus stated it was not.
Ms. Weber asked whether she would be allowed to work with Staff on the language
for the signage. The City Manager stated that something could be worked out.
Council Member Ahrens made a friendly amendment that the sign verbiage be subject
to City Council approval. Council Members Weycker and Brown accepted the
amendment.
MOUND CITY COUNCIL MINUTES - OCTOBER ~N', ~00
Ms. Weber stated that each sign would cost ??. and a minimum of 7 signs would be
needed. She stated that her group had money for ten signs and so there would be no
cost to the City.
Jim Brand, President of Mound Crime Prevention Fund, stated that he has a budget
available to pay for the signs if necessary.
Council Member Brown called for the vote. Ahrens seconded. The vote was
unanimously in favor. Motion carried. 4-0.
Acting Mayor Hanus called the question.
The vote ON Resolution ~)0-104 was 4 in favor. Motion carried.
Acting Mayor Hanus called a break at 9:20 p.m.
Acting Mayor Hanus called the meeting to order at 9:36 p.m.
DOCK AND COMMONS CASES: PUBUC LANDS APPLICATIONS
1.17
JERRY & LORI MAREK - 4829 ISLAND VIEW DRIVE:
1, TO INSTALL RIP RAP ON TIlE COMMONS LAKF~HORE. AND
2. TO INSTALL A SPRINKLING SUPpLy PIPI~ ACROSS TIlE
COMMONS.
The City Attorney reminded the Council that a 4/5 vote is required on PPublic > Lands
Permits so tonight it would require all members to vote in favor for an issue to pass.
The City Building Official stated that the applicants are also requesting financial assistance.
He stated that Staff is in favor of this.
Council Member Ahrens stated that she wished to have the information on item 2 at this
time.
The City Building Official stated that Staff was recommending approval of item 2. Council
Member Ahrens stated that item 2 did not require discussion by the Council.
Brown moved and Ahrens seconded
RESOLUTION g00-105
The vote was unanimously in favor.
the following resolution:
RESOLUTION TO APPROVE A PUBLIC LANDS
PERMIT TO ALLOW THE INSTALLATION OF A
SPRINKLING SUPPLY PIPE ACROSS DEVON
COMMONSAT DOCK SITE #43180, 4829 ISLAND
VIEW DRIVE, ~Y & LORI MAREK
Motion carried. 4-0.
lO
MOUND CITY COUNCIL MINUTES - OCTOBER 24~ 2000
MOTION by Brown, seconded by Ahrens, to approve Staff recommendation of the
i~t~allation of the riprap, Item #1.
Discussion:
Council Member Ahrens stated that the applicants are asking the City to bear
the cost of the riprap. She stated they do have red rock now. She felt it was
a problem to provide them with City funds because there was not policy
established for who and how citizens would be eligible for the funds.
Jerry Marek, 49829 Island View Drive, stated that he understood the
precedence issue.' He stated that he is concerned that his yard is receding and
that he understands that red rock is no longer allowed.
Acting Mayor Hanus agreed that fieldstone is the direction the lake is going.
Council Member Ahrens pointed out that another property owner had put
$5,000 of fieldstone in at their cost and that a policy was needed.
Mr. Marek proposed going ahead with the improvement and sharing the
expense with the City.
Council Member Ahrens stated that the dock budget is currently being looked
at that a policy could also be considered.
Acting Mayor Hanus stated that Council Member Ahrens was correct about the
need for a policy and that it should also be considered that there would be
retroactive requests.
Council Member Ahrens stated that she did not want to delay Mr. Marek's
project, but it was necessary to consider the consequences. She asked whether
he would consider doing the project without City funding. Mr. Marek stated
he probably would not do the project.
Council Member Brown withdrew his motion at this time.
Council Member Weycker stated that during budget talks, Staff has indicated that some areas
are in greater need of new riprap and that doing the work piecemeal would raise the City's
cost.
Council Member Ahrens stated that without a policy she would need to vote against the
request. She stated that if the applicants were interested, the request could be passed without
the funding and the applicant's might be eligible after-the-fact for funding.
Mr. Marek stated this was acceptable.
Ahrens moved and Brown seconed the following resolution, without City reimbursement at
this time:
11
MOUND, CITY COUNCIL MINUTES - OCTOBER
RESOLUTION #106
RESOLUTION TO APPROVE A PUBLIC LANDS
PERMIT TO INST.~,LL RIP-RAP ON DEVON
COMMONS, DOCK SITE #43180, JERRY & LORI
MAREK, 4829 ISLAND VIEW DRIVE
The vote was unanimously in favor. Motion carried. 4-0.
1.18
FRED JOHNSON - 4925 ISLAND VIEW DRIVE: CITY CODE 320
VIOLATION.
The City Building Official stated that this was an after-the-fact permit. The applicant has
done damage to the fire lane during construction. The applicant was unable to be present at
this meeting. The City Building Official stated that he has put the contractor on notice that a
Certificate of Occupancy will not be issued until the neighbor is happy with the restoration.
Staff has requested the applicant propose a restoration plan, but this has not yet been
provided. Staff is suggesting trees be planted on the fire lane.
Council Member Brown pointed out that Staff is asking for one tree, but at least three appear
to have been cut from the pictures. The City Building Official stated that at least one-half
dozen trees were cut on the fire lane. He stated that no citations have been written at this
time as Staff prefers to work with the applicant. He further stated that shoreline management
does allow opening up property and that the applicant might have received approval for this
if it had been requested. He stated that the request of one tree was a starting point suggested
by the Park Director, but the City Council could change this.
Council Member Weycker asked what the size trees were cut. The City Building Official
stated that some of the trees were six inches in diameter.
Ed Maynard, who is the neighbor involved, stated that he has been working with the City
Building Official on this. He stated that the applicant has encroached on his property. He
stated the fire lane is a buffer and he would like to see a significant number of trees
replanted. He stated that the sod that was installed on his property is not level and drains
toward his house. He stated that the fire lane is only half sodded.
Council Member Wcycker asked if Mr. Maynard knew what types of trees were cut. Mr.
Maynard stated these were maple, oak, sumac, and cottonwood.
The City Building Official stated that the contractor has been difficult to work with and the
City Prosecutor is ready to take action.
Mr. Maynard stated that thc applicant is willing, but there is a time issue as the silt fence is
gone.
Acting Mayor I-Ianus asked if the silt fence was included in the restoration plans. The City
Building Official confirmed it was.
12
MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000
Council Member Weycker stated that Staff's report made it appear this was an accidental
situation, but in reviewing the photographs she felt it was intentional and should be turned
over for prosecution.
Council Member Ahrens stated that she was against prosecution because it would cost the
City too much money. Acting Mayor Hanus pointed out that the most the City could recover
is a $700 frae. The City Attorney stated that the court could order restitution, but that a fine
and a jail sentence would also be possible.
Acting Mayor Hanus stated that the cost of prosecution is substantial and that the money
would be better spent to resolve the issue.
Council Member Brown stated that he felt the applicant should be asked to replace at least
six trees, fix the sod, and satisfy the neighbor in terms of the mn off issues. If these terms
were not complied with, he felt the Certificate of Occupancy should be withheld.
Acting Mayor Hanus stated that including approval by the neighbor would make the situation
too messy. Council Member Brown suggested changing it to approval by the City Building
Official.
The City Attorney pointed out that this condition could not be imposed after the building
permit had been issued.
Council Member Ahrens stated the goal was to restore the buffer with the adjacent neighbor
and felt the City should work with the applicant. She suggested arranging a meeting between
the applicant and the neighbor.
The City Building Official stated that a meeting might not work out, but he can give
deadlines for compliance. He stated that he has already issued stop work orders twice.
stated the project is far enough along to do the replanting at this time.
He
Council Member Ahrens stated the applicant should be given the benefit of the doubt and the
chance to work with the City.
Acting Mayor Hanus asked what the chances were that the applicant would comply with the
requests. The City Building Official stated that with clear guidelines and Staff approval of
the landscaping he felt that it would be successful and that prosecution could be the backup
plan.
The City Attorney suggested that no action be taken tonight and that the City Building
Official bring back a detailed plan. Council Member Weycker added that she wanted to
know the size and type of trees cut.
The City Building Official suggested requiring the applicant to replace six trees at a
minimum of 2.5 inches and to prepare a landscape plan to be approved by the Park Director.
He felt it was important to get the new trees in before winter. He stated that he would bring
the issue back to the Council if it could not be resolved.
13
MOUND CITY COUNCI~ MINUTI~$ - OCTOBER
Acting Mayor Hanus asked why this needed to be done immediately. The City Building
Official stated that he felt he could get this accomplished and that the grading and drainage
issues are covered in the building plan.
The City Manager stated that she could be involved in the resolution of this to a greater
extent.
MOTION by Brown, seconded by Ahrens, to approve Staff recommendation of
the planting of six trees, 2.5" in caliper or larger with a deadline of November
30, 2000 or legal action would be taken. The vote was unanimously in favor.
Motion carried. 4-0.
1.19 REPLACEMI;~NT OF STAIRWAYS AT WIOTA COMMONS.
Jim Fackler, Parks Director, stated that this was requested several years ago and that there is
a wide variance in the quotes for this project.
Brown moved and Ahrens seconded thw following resolution:
RESOLUTION #00-107
RESOLUTION AUTHO1HZING THE
REPLAC~ OF TWO STAIRWAYS ON
WIOTA COMMONS ON BLUF~RIRD LANE &
CANARY LANE TO BE DONE BY ALL SEASONS
LANDSCAPE & DESIGN, INC. AT A COST OF
Discussion;
Council Member Weycker asked why there was a design difference in the stairways.
The Parks Director stated there was a difference in the handrails used.
Council Member Weycker stated that she felt all public stairways should have a
uniform appearance. Acting Mayor I-Ianus stated that this is a private area for
subdivision use only.
Council Member Ahrens stated that citizens would know where the access was.
Acting Mayor Hanus called the vote.
AYES: 3
NAYS: 1 (Weycker)
Motion carried. 3-1.
1.20 PETITION FOR SECURITY LIGHTING AT END OF CANARY LANE,
The City Manager stated this is a request for a streetlight accompanied by a unanimous
petition from the neighbors. Staff is recommending approval of this.
14
MOUND CITY COUNCIL MINUTES - OCTOBER 24,
Ahrens moved and Brown seconded the following resolution:
RESOLUTION g00-10S
RESOLUTION TO APPROVE A REQUEST FOR
THE INSTM,LATION OF A STREET LIGHT AT
THE END OF CANARY LANE - 1700 BLOCK OF
CANARY LANE
The vote was unanimously in favor. Motion carried. 4-0.
1.21 DISCUSSION ON ELIMINATION OF HENNEPIN COUNTY PRISONER
TRANSPORT SERVICE TO CITIES.
The City Manager stated that Council had asked for information on the impact of this with
the intention of responding. She stated that the Police Chief does feel this will have an
impact and that this has been a meet halfway policy in the past.
Council Member Hanus stated that, the City Council should direct Staff to write a letter of
concern or dispute on this issue. The City Manager suggested that the Police Chief could
write this letter and express the impact on the department including financial considerations.
The City Council agreed with this plan.
1.22 LEAF DISPOSAL DISCUSSION.
Council Member Brown suggested supplying a compost company with an address list and
having residents present identification to drop off leaves. Council Member Alu'ens stated
that the citizens do not want to drop the leaves.
The City Manager pointed out that for the same money a refuse handler would do a pickup.
Acting Mayor Hanus stated that the City has been collecting recycling fees for this purpose.
He wondered if the City could open up the Lost Lake site for Mound residents only or
reduce the fees.
Council Member Ahrens stated that leaf disposal should be in the budget.
The City Manager stated that the point is that the Lost Lake solution would be short lived
and that change has already been initiated.
Council Member Brown pointed out that residents have been paying a fee for this.
The City Manager stated that the City has money in the recycling fund. She stated that
curbside pickup would increase the level of service and demand would become greater.
suggested that if people were willing to haul the leaves to a collection site that would be
better.
She
Council Member Weycker suggested leaving this as is and looking at reducing the fees for
next year. Council Member Ahrens also suggested looking at the issue next spring.
15
MOUND CITY COUNCIL MINUTES - OCTOBER 24, 2000
Council Member Brown stated that he wished to do something now and suggested putting
dumpsters in front of City Hall for a Saturday collection. Council Member Weycker pointed
out that'this would double the cost.
MOTION by Brown, proposing that on November 4 the City will furnish
d-mpsters in front of City Hall for Mound residents to drop leaves for one day
only.
The motion died for lack of a second.
Council Member Ahrens stated that it was the consensus of the City Council that they would
like to do something for reasonable rate and that the City Manager should check into the cost
of using dumpsters for a one-day collection program.
The City Manager stated she would get this information and call the City Council members
with any questions or problems.
INFORMATION/M[q CELLANEOUS
1. MF~DIACOM LETTER.
2. ARTICLE: GROUP WORKS TO CHANGE A'VrITUDES TOWARD PUBLIC
SECTOR EMPLOYEES.
3. INFORMATION ABOUT TONKA CLEANUP PROJECT.
4. CALL FOR APPLICATIONS FOR VOLUNTEERS FOR THE ASSOCIATION OF
METROPOLITAN MUNICIPALITIES TRANSPORTATION ADVISORY BOARD.
5. WESTONKA HEALTHY COMMUNITY COLLABORATIVE MINUTES: SEPT.
15.
6. MOUND POLICE DEPARTMI~NT SAN DIEGO COMMUNITY POLICING
PRES~ATION.
7. FINANCIAL REPORTS THROUGH SEPT. 2000.
8. AMM FAX NEWS.
9. LMCD MINUTES: SEPT. 2?.
MOTION by Brown, seconded by Weycker, to adjourn the meeting at 11:10 p.m.
The vote was unanimously in favor. Motion carried. 4-0.
Kandis Hanson, City Manager
Attest: City Clerk
16
PAYMENT BILLS
DATE: OCTOBER 24, 2000
BILLS ACCOUNTS PAYABLE
BATCt I #
AMOUNT
#0101
.$183,576.04
TOTAL BILLS $183,576.04