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032894 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 28, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Acting Mayor Daugherty at 7:05 p.m. A. Pledge of Allegiance B. Roll Call Present: Acting Mayor Daugherty; Councilmembers Benson, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, and Planning Director Nielsen. Absent: Mayor Brancel. C. Review Agenda Stover moved, Benson seconded to approve the agenda for March 28, 1994, with additions: 7.A.l. Approval of Hoisington Koegler Group Inc. Letter Agreement; 7.A.3. Approval of Installation of Batting Cage. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting - March 14, 1994 Lewis moved, Benson seconded to approve the Regular Council Meeting minutes of March 14, 1994. Motion passed 4/0. B. Amendment to the Council Minutes of February 14, 1994 Lewis moved, Benson seconded to approve the Regular Council Meeting minutes of February 14, 1994 amended by adding Consent Agenda Item 3.G. Motion to Approve the 1994-1995 AFSCME Contract. Motion passed 3/0. Stover abstained. 3. CONSENT AGENDA Acting Mayor Daugherty read the Consent Agenda for March 28, 1994. Benson moved, Stover seconded to approve the Consent Agenda and to adopt the Motion and Resolutions therein: REGULAR CITY COUNCIL MINUTES MARCH 28, 1994 - PAGE 2 . A. Motion to Approve a $50 Contribution to the Hennepin County Fair. B. RESOLUTION NO. 94-34 "A Resolution Approving An Agreement for Engineering and Surveying Services for the Design of an MSA Sidewalk Along Old Market Road." C. RESOLUTION NO. 94-35 "A Resolution Approving the Final Plat of BrynmaWf Place." Motion passed 4/0. 4. RECONSIDERATION OF STREET LIGHTING ON LAWTONKA DRIVE Nielsen stated that according to NSP, hooded-type street lights are available for installation at no extra charge. This type of light is designed to direct more light on the street than on the adjacent property. . Mr. Donald Shafer, 23880 Smithtown Road, stated his property abuts the Lawtonka cul-de- sac where two street lights are proposed for installation. He explained his inability to attend the two previous Council meetings at which this matter was discussed, but noted that letters of objection were delivered to the Council and his son and daughter represented him at the March 14 meeting. Shafer reiterated his objections to the street lights citing that the lights are unnecessary for traffic safety and property security and will adversely impact his property. He pointed out that 48 bright lights attached to the dwellings which are turned on at night provide ample light for the area. He indicated that wiring has been installed for a street light at the intersection of Timber Lane Road and Lawtonka Road and stated a light at that location makes sense because it is an intersection. Chuck Juhl, 23770 Lawtonka Drive, stated he received the meeting notice today and that other residents may have been present if notices had been received sooner. He explained the coach lights on the homes are turned on because of the absence of a street light and that Mr. Shafer's exposure to lighting will diminish once the street light is installed because the coach lights will no longer be needed. He stated the light is necessary not so much for security but to navigate (walk dogs, etc.) in the neighborhood. Juhl stated that if the architecture can be achieved for a non-obtrusive light directed away from Mr. Shafer's property and the lighting requirements satisfied for the neighborhood, the coach lights will not be needed. Speaking as a representative of the residents, Juhl stated they wish to be good neighbors and it is not their intent to interrupt or interfere with adjoining residents; however, the Lawtonka residents believe the neighborhood needs the street light. Lewis explained that installation of one street light in the cul-de-sac was approved by the Council without hearing the objection due to the timing of receipt of the Shafer's letters and that the Council generally does not promote light pollution. . Nielsen stated the original petition requested one street light at the west end of the cul-de- sac and one mid-way, but the mid-block light was denied because it did not meet the City's . . . REGULAR CITY COUNCIL MINUTES MARCH 28, 1994 - PAGE 3 policy criteria. The light at the west end, however, was approved based on the policy. He stated that a request has not been received for a street light at Timber Lane and Lawtonka Drive. Following discussion, it was agreed that a compromise be worked out among the Lawtonka residents, the developer/architect of that neighborhood, Mr. Shafer, and City staff to select and install a street light fixture at the approved location which will be acceptable for the parties concerned. The Council therefore reaffirmed its February 28, 1994 action authorizing installation of a street light at the west end of the cul-de-sac on Lawtonka Drive. Stover suggested that the broad issue of lighting be addressed, at the Planning Commission level, as part of a development proposal to avoid problems similar to the Lawtonka situation. The Councilmembers agreed with the suggestion. Stover moved, Benson seconded to direct the Planning Commission to evaluate the broad issue of lighting as a characteristic of proposed developments. Motion passed 4/0. 5. RESIDENT'S REQUEST TO ADDRESS SPECIFIC STABLE PERMIT Mr. Robert Whelan, 5910 Cathcart Drive, requested that the stipulations in the City's letter dated December 7, 1993, be rescinded because his stable permit application has been previously approved by the Council and Attorney. He pointed out that before buildings and fences were installed, approvals were obtained from the City. When discussed with the City in the past, it was understood that if changes to the ordinance occurred, his facility would be grandfathered until the property was sold at which time a new owner (with horses) would have to comply with the current ordinance or if Whelan sold his horses and at some future time reapplied for a stable permit. Whelan requested that the City provide him with written documentation of his status as an approved horse/stable facility through the grandfather provision in the ordinance to avoid potential problems in the future. Nielsen stated that under the amended ordinance, items 2, 3, and 4 in the referenced letter are resolved. The only remaining question regarding Mr. Whelan's permit application is the number of horses and the amount of acreage he owns. Mr. Whelan stated the ordinance currently requires 1/2 acre per horse; he has 2 acres of land which are 2 parcels across the street from one another; he currently has 3 horses. Whelan stated that he has previously been approved for 4 horses on his property and understands that such approval is continued through the grandfather provision. Whelan stated the 3 horses are alternated together from side to side and noted he does not plan to acquire a 4th horse. He stated the barb wire on his property has been removed. Hurm pointed out that there is no grandfather clause in the ordinance. The Councilmembers discussed Mr. Whelan's current situation, found it to be acceptable, and noted that his property contains adequate acreage, barbed wire fencing has been . . . REGULAR CITY COUNCIL MINUTES MARCH 28, 1994 - PAGE 4 removed, and setback requirements are satisfied. Council requested that documentation of the current situation be provided with the stable permit issued in 1994. 6. PUBLIC HEARING 7:30 P.M. - CONSIDERATION OF HORSE & PONY CODE/ZONING CODE AMENDMENTS - ELECTRIC FENCES A Motion to Adopt an Ordinance Amendment to City Code Chapters 702 and 1201 Acting Mayor Daugherty opened the Public Hearing at 7:35 p.m. Mr. Robert Whelan, 5910 Cathcart Drive, stated the changes proposed to the horse and pony ordinance are sufficient to take care of the problems. He indicated the important factor is the grandfather clause for existing horse owners and requested that each individual horse owner be provided with a document stating that they are grandfathered to ensure that commitment for the future. Acting Mayor Daugherty closed the Public Hearing at 7:39 p.m. Stover commended the Planning Commission for its excellent recommendations for changes to the ordinance. She supported the amended ordinance. Stover moved, Lewis seconded to adopt ORDINANCE NO. 288, "An Ordinance Amending Chapter 702 of the Shorewood City Code Relating to Horses and Ponies." Motion passed 4/0. Stover moved, Lewis seconded to adopt ORDINANCE NO. 289, "An Ordinance Amending Chapter 1201 of the Shorewood City Code Relating to Zoning Regulations." Motion passed 4/0. 7. PARK - Report by Representative Park Commission Chair Jennifer McCarty reviewed the recommendations presented by the Commission for Council approval. During discussion, McCarty and staff responded to Councilmembers' questions regarding the type balyard to be installed at Silverwood Park, specific work and associated costs covered by the consultant's agreement, grading, parking, color of playground equipment, size and maintenance of the skating pond, and trails. A.L A Motion Approving Hoisington Koegler Group Inc. Letter Agreement Benson moved, Daugherty seconded to approve the Hoisington Koegler Group Inc. Letter Agreement for professional services related to improvements at Silverwood and Freeman Parks, for an amount not to exceed $11,100, as recommended by the Park Commission. Motion passed 4/0. . . . REGULAR CITY COUNCIL MINUTES MARCH 28, 1994 - PAGE 5 A.2. A Motion Approving Silverwood and Freeman Park Plans and Specifications Benson moved, Lewis seconded to approve the plans and specifications for Silverwood and Freeman Parks, as recommended by the Park Commission. Motion passed 4/0. A.3. A Motion Approving Installation of a Batting Cage Benson moved, Stover seconded to approve installation of a batting cage at Freeman Park, as recommended by the Park Commission. Motion passed 4/0. B. Review of Shorewood Park Foundation By-laws McCarty reported that the members of the Commission, the community, and the sports organizations are enthusiastic about the Park Foundation. It will save taxpayers money, provide community involvement and the opportunity to work together on a vision to improve the City's parks. She reported that citizens are interested in becoming members of the Board. McCarty directed the Council's attention to the first four Articles of the Bylaws which include the Purposes of the Corporation and the composition of the Board of Directors. Lewis stated support for the concept of the foundation, expressed concern that the Board not be dominated by sports organizations, and expressed the hope that citizens will participate and be represented on the Board. Stover agreed with Lewis' concern and expressed support for the foundation. Daugherty requested clarification regarding the notion that the foundation will bring sports organizations together. McCarty stated that communications among the groups will be improved, it will provide a fund-raising mechanism, and fees will be kept down. Stover inquired whether provisions are in place to avoid domination of the organization by any specific group. McCarty said she would investigate methods to avoid dominance when a minimum quorum exists. Lewis pointed out that the Council may remove any director with or without cause. Hurm noted that the Board of Directors can make changes to the Bylaws of the Foundation. The Councilmembers agreed that the Park Commission should recommend names of candidates for the Foundation's Board of Directors for the Council's consideration. Lewis moved, Benson seconded to approve the By-Laws of the Shorewood Park Foundation, as recommended by the Park Commission. Motion passed 4/0. Chair McCarty explained that Park Commissioner Waibel has been unable to attend any Commission meetings since being appointed in January 1994 because of circumstances beyond his control related to his employment. The Commission recommends that the Council consider appointment of a replacement for Mr. Waibel due to the uncertainty of his status. The Commission believes that a full working complement of Commission members is necessary to efficiently conduct the business before the Park Commission. . . . REGULAR CITY COUNCIL MINUTES MARCH 28,1994 - PAGE 6 Lewis moved, Benson seconded to vacate the position of Park Commissioner Waibel and directed the staff to fill the vacancy through established procedures. Motion passed 4/0. 8. PLANNING - Report by Representative Planning Commissioner Jim Pisula reported on the actions taken and discussions of the Commission at its March 15 and 22, 1994 meetings/study sessions. Lewis commended the Planning Commission and Planning Director Nielsen for their conscientious work on the tedious task of updating the Comprehensive Plan. A Joint Meeting of the Council and Planning Commission is scheduled for April 25, 1994 to review selected updated Chapter Summaries of the Comprehensive Plan. 9. CONSIDERATION OF A REQUEST FOR A LETTER OR RESOLUTION ENDORSING THE APPLICATION FOR FEDERAL FUNDING FOR A PEDESTRIAN CROSSING OF TRUNK HIGHWAY 7 NEAR THE MINNETONKA HIGH SCHOOL Ann Duff, representing the Minnetonka School District, requested the City's support for the City of Minnetonka's efforts to construct a pedestrian bridge over Highway 7 near the Minnetonka High School primarily for safety reasons and for enhancement of the trail system. She reviewed the planned funding methods for the project and noted that Shorewood is not asked to provide monetary support. Acting Mayor Daugherty read the Resolution before the Council. Lewis moved, Stover seconded to adopt RESOLUTION NO. 94-36, "A Resolution of Support for a Proposed Pedestrian Crossing of Trunk Highway 7 at the Minnetonka High Schoo!." Motion passed 4/0. 10. MATTERS FROM THE FLOOR Jackie Fure, 5702 Wood Duck Circle, addressed the Council regarding street improvements and street lights needed on Wood Duck Circle. She inquired when the City will be providing the improvements and lighting. Daugherty acknowledged her comments and referred the matter to the staff for investigation and requested that a report be made at the next Council meeting. It was suggested that Ms. Fure contact the City staff. 11. DISCUSSION ON POLICY ISSUES - None. 12. ADMINISTRATOR AND STAFF REPORTS Report by City Attorney on MWCC Status Keane reviewed the status of the City's litigation against the Metropolitan Waste Control Commission (MWCC). As previously reported, the Hennepin County District Court . . . REGULAR CITY COUNCIL MINUTES MARCH 28, 1994 - PAGE 7 determined that the State Court of Appeals was the appropriate jurisdiction to hear the case. Keane stated that a recommendation to appeal that determination will be presented for the Council's consideration at its next meeting. In addition, he reported that Administrator Hurm and he have been working with a State legislative committee to develop legislation to provide procedures for municipalities to deal with the MWCC. Keane answered Councilmembers' questions during discussion. 13. MAYOR AND CITY COUNCIL REPORTS In response to Lewis' inquiry, Benson reported on the March 17 Public Open House conducted by representatives of the Minnesota Department of Transportation to present its plans for reconstruction of the Christmas Lake Road/Highway 7 intersection. 14. ADJOURNMENT TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS Benson moved, Stover seconded to re-schedule the Work Session and to adjourn the City Council meeting subject to approval of claims at 9:00 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: Ro~R:~13TING MAYOR ES C. HURM, CITY ADMINISTRATOR