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021395 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 13, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. 1. MINUTES CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:03 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, and McCarty; Administrator Hurm, City Engineer Dresel, Acting City Attorney Martin, and Planning Director Nielsen. Councilmember Stover. Absent: B. Review Agenda Benson moved, McCarty seconded to approve the agenda for February 13, 1995. Motion passed 4/0. C. Presentation of Plaque - Barbara Brancel Mayor Bean read a plaque expressing appreciation to Barbara J. Brancel for her 8 years of dedicated service to the City as Councilmember from 1987-1990 and as Mayor from 1991-1994. Ms. Brancel was unable to attend the presentation. 2. APPRO V AL OF MINUTES A. City Council Work Session Minutes - January 19, 1995 B. City Council Regular and Work Session Minutes - January 23, 1995 McCarty moved, Malam seconded to approve the January 19, 1995 Council Work Session Minutes and the January 23, 1995 Regular Council Meeting Minutes and Work Session Minutes. Motion passed 4/0. UPDATE ON GRANT Police Chief Young reported that a 3-year grant for up to $75,000 has been awarded to fund hiring a full-time police officer for the City of Shorewood. He described the eligibility requirements of the award and noted that supplemental required documents will be completed with the City Administrator. Bean explained that the position will serve Shorewood exclusively to fill needs for traffic control, etc. in the City, under a Joint Powers agreement. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for February 13, 1995. McCarty moved, Benson seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 95-12, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to James Pennington," and a Motion to Approve a Building Moving Permit to James Pennington. . . . REGULAR CITY COUNCIL MINUTES February 13, 1995 - PAGE 2 B. RESOLUTION NO. 95-13, "A Resolution Granting Variances to Gene Gopon. " C. RESOLUTION NO. 95-14, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to Steve Simon." D. Motion to Approve the Annual Half-Marathon Easy Race to Traverse the City-Sunday, May 8, 1995. E. Motion to Approve a Full- Time Employee Position at the City Liquor Store. F . Motion to Approve a Subordination of Repayment Agreement - Donald & Ann Moe. G. RESOLUTION NO. 95-15, "A Resolution Accepting Supplementary Agreement No.1, Old Market Road Sidewalk, City Project No. 94-2." Motion passed 4/0. 4. MATTERS FROM THE FLOOR George Harrison, 24710 Amlee Road, stated the local newspaper misquoted him with respect to the school bond referendum, clarified his position, objected to the timing of the referendum and suggested the Council work with the school board to conduct voting on such issues on regular election days. Harrison proposed that radio and print advertising for City-owned liquor stores be stopped immediately, that lease of the Tonka Bay liquor store be discontinued, and that the City sell all City-operated liquor establishments. Mr. Harrison stated it is inappropriate for the City to promote the sale of liquor as it sends an improper message to children. Harrison commented on the Comprehensive Plan update meetings and suggested the Plan be rewritten into a concise less repetitious format to make it understandable to developers and to make it easier to enforce. Harrison stated that the Plan should include elimination of the use of snowmobiles on the Shorewood portion of the trail in the interests of safety of residents. 5 . PARKS - Report by Representative McCarty reported on discussions of the Park Commission as detailed in its January 24, 1995 meeting minutes. Hurm stated several positions are open on the Shorewood Park Foundation Board of Directors for terms commencing in March 1995. 6. PLANNING - Report by Representative Commissioner Pisula expressed appreciation to the Councilmembers for their assistance in conducting the Comp Plan update information meetings and reported that approximately 150 residents attended. The Commission will conduct a public hearing on the Plan on February 21, 1995 at the Minnewashta School. Pisula reported on actions taken by the Commission as detailed in its February 7, 1995 meeting minutes. 7. CONSIDERA TION OF A SHOW DOG, SPECIAL PERMIT Hurm stated it appears the City's current ordinance regulating licensing of dogs requires review and revision. Acting City Attorney Larry Martin stated that the attorney's report on the kennel ordinance language has not been completed. However, he recommended that the special permit license application of Sheila Evertz be approved with the condition that the licensee must comply with any revised applicable ordinance upon renewal of the license. . . . REGULAR CITY COUNCIL MINUTES February 13, 1995 - PAGE 3 Hurm directed attention to the American Kennel Club's Canine Legislation Policy Statement distributed by Ms. Evertz. He indicated the document will be reviewed in conjunction with the staffs preparation of a revised ordinance, along with ordinances of other cities and other pertinent information. Ms. Sheila Evertz explained that pet owners throughout the country are facing several issues and suggested that before changes are made to the City's ordinance, a task force of community members should be consulted. She inquired whether her special permit, if granted, would be grandfathered under a revised ordinance. Attorney Martin reiterated that grandfathering would not be permitted and compliance would be required upon renewal of any licenses. Benson moved, Malam seconded to approve Sheila Evertz' application for a special permit, expiring on December 31, 1995, allowing show dogs to be exempted from the per household limitation. Motion passed 4/0. The staff will prepare a revised ordinance for dog licensing for the Council's consideration at a future work session. 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING A NON-INTOXICATING MALT LIQUOR LICENSE - HOLIDAY COMPANIES, 19~55 HIGHWAY 7 Hurm directed the Council's attention to the Holiday Store's application for a license to sell non- intoxicating malt liquor at it's store on Highway 7, and noted that a similar application was previously denied by the Council. Bean inquired whether uses allowed under the P.D.D. for the shopping center affect this application. Nielsen explained that the sale of any type of liquor is prohibited at the family restaurant, but no reference is made in the P.D.D. covenants to other parts of the project. McCarty stated the perception created by the sale of liquor and gasoline by the same retailer is unacceptable and consistent Council action on such requests is important. Malam agreed that consistent Council action is necessary and noted the proximity of the high school to the Holiday Store. Benson stated that although the off-sale liquor store is also in the shopping center, the Holiday Store is a different type of retail business in that under-age customers are not restricted. Benson moved, McCarty seconded to deny the application of Holiday Companies for a non-intoxicating malt liquor license at 19955 Highway 7. Motion passed 4/0. 9. DISCUSSION OF POLICY ISSUES - None. 10. ADMINISTRATOR AND STAFF REPORTS A. Engineer's Report on Drainage Issues on Minnetonka Drive Dresel updated the Council on drainage problems along Minnetonka Drive (detailed in his letter referencing Drainage on Minnetonka Drive-OSM File 5572.00) including associated complaints from homeowners in the area regarding standing water in their yards. Following discussion, the Council affirmed established policy wherein the City is responsible for street drainage and homeowners are responsible for lot drainage. The Council agreed that the City Engineer should prepare a report, at a cost of $1500, on the alternatives to solve the Minnetonka Drive drainage problem. . . . REGULAR CITY COUNCIL MINUTES February 13, 1995 - PAGE 4 B. Engineer's Report on Shady Island Bridge Repairs Dres~l updated the Council on preliminary investigations of types of replacement bridges and fundmg sources available to replace the Shady Island Bridge which is near the end of its useful life (detailed in his 02-08-95 letter). $10,000 for preparation of a Feasibility Report on the matter is budgeted in the 1995 CIP. The Council agreed that Island resident participation should be included in the replacement planning process. C. Attorney's Report on Age Restrictions on Seasons Senior Development Acting City Attorney Martin reviewed City Attorney Keane's January 24, 1995 memorandum outlining the Federal Fair Housing Standards for Elderly Housing relating to the City's legal position with respect to a developer's request to lower the age floor from 62 to 55 years on a senior housing project within the City. The Federal Fair Housing Act provides for exemption from enforcement of its non-discrimination provisions. The developer must show a valid basis to request a reduction in the current age floor as outlined in the Act. Peter Boyer, developer of the Seasons senior project, reviewed work he has done to qualify for the exemption by providing "significant facilities and services" to elderly occupants. Following discussion, the Council's consensus is that it is willing to consider a formal proposal prepared by the developer to lower the age requirement to 55 years at the Seasons senior housing development. The proposal must include a valid basis to request the reduction by showing the requisite percentage of "older persons" in each dwelling unit, along with special services and policies to evidence a clear intent to provide housing only for elderly persons, and a genuine commitment to serving the special needs of older persons. D. Attorney's Report on Language in Kennel Ordinance - Report not completed. E. Planner's Report on Compliance of Gideons Woods Development with PUD Requirements Nielsen reported on the status of the compliance of Gideons Woods development with the PUD requirements and noted that 95% of the project site has been cleaned up. George Harrison, 24710 Amlee Road, expressed concern on the ponding area. Dresel explained that the developer continues to explore this matter with the Watershed District. Harrison commented on tree replacement and preservation of the Gideon house on the site. F. Discuss Temporary Permit for Charitable Fund Raising Events Nielsen explained the necessity for an ordinance regulating temporary, short-term charitable fund raising events. The Council agreed that such an ordinance should be drafted for review and consideration by the Planning Commission. 11. MAYOR AND COUNCIL MEMBER REPORTS The Council congratulated Planning Director Nielsen on the 12th anniversary of employment with the City of Shorewood. Benson encouraged the public to attend the public hearing on the Comprehensive Plan update at 7:00 p.m., Tuesday, February 21, 1995, at the Minnewashta Elementary School. The Council agreed to reschedule its February 16 work session to Thursday, March 9, 1995. REGULAR CITY COUNCIL MINUTES February 13, 1995 - PAGE 5 . 12. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS Benson moved, McCarty seconded to adjourn the City Council meeting at 8:45 p.m. to a work session format, subject to approval of claims. Motion passed 4/0. During the work session, the Council considered City priorities for 1995 and discussed issues related to the Comprehensive Plan update (final copy attached to these minutes as Exhibit A). Mayor Bean adjourned the Work Session at 10:15 p.m. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial . J '\ j)1 /') (3 ~~lA-~fvCS1- -el}-~;-j ROBERT B. BEAN, MAYOR ATTEST: . . . . 2/95 CONSENSUS PRIORITIES 1 2 Exhibit A 1995 ISSUES ISSUES City Street Policies: Special assessments on reconstruction, establish design criteria, and MSA Street designation Coordinate with the non-profit corporation, the construction of the senior community center at the Badger Park site Improve image/relations among cities Include tree preservation and replacement and site landscaping for all developments Make policy decisions necessary to implement the water system section of the Comprehensive Plan Order and prepare a feasibility report for a west end watertower Set aside land which is considered suitable for senior housing and rigorously pursue a senior housing project Update Shorewood's flood plain regulations (mandated) Update Shorewood's wetland code, including adjusting setbacks and requiring new construction to construct environmental ponds Adopt regulations regarding development on steep slopes Initiate negotiations for a new two year AFSCME agreement incorporating ideas developed through the new Shorewood Improvement Program Prepare a separate housing plan - including affordable housing issues Proactivity in affordable housing Ramifications of affordable housing legislation (be proactive) l ,.. .3 . . 2/95 4 1995 ISSUES Address problems associated with the County Road 19/Country Club Road intersection Con~nue to identify problem areas of the sanitary sewer system for televising, sealing and reparr Develop an orientation package for new commission members and staff Finalize a decision on replacing the Public Works shed at the Badger well with a smaller building enclosing the well Fire Department - joint services strategy Improving administration technical efficiency (cost effective) Increase the provision of facilities and services on a joint use basis between units of government Rethink budget philosophy Update the City's comparable worth pay plan Council - policy book Develop regulations which limit the extent of damage done to City streets by garbage trucks or initiate the process of establishing refuse collection districts, awarding contracts to low bidding private haulers Establish a Shorewood improvement program to address issues of motivation and productivity of Shorewood employees including consideration of some form of merit pay Improve audio visual in chambers Improve communications - pamphlets (i.e. signs) Rescue response time Revisit the issue of allowing snowmobiles usage within the City Update ordinances related to f1lling, grading and excavating Update the City's zoning and subdivision ordinances .. , .. .5 . . 2/95 6 7 1995 ISSUES Adopt criteria for when and how private streets may be constructed Consider an ordinance regulating chemical treatment such as lawn fertilizers and mosquito spraying Develop a commercial maintenance code Revise and update the planning commission ordinance Undertake a City visioning process Attempt to more fairly match mass transit service with taxation for mass transit Establish a policies and procedures manual Work on changing the sewer services method for charging for Inflow and Inf1ltration Work on transportation safety issues including Galpin Lake Road intersection realignment; close off Lake Linden Drive entrance to Highway 7; realignment of Seamans Drive and Yellowstone Trail; a Freeman park entrance from Highway 7 Work with Excelsior and the other southlake cities in reviewing the police contract and address discrepancy in police service requirements of the various cities Work with soccer, hockey and baseball youth organizations in providing additional facilities Address the issue of whether there should be lights installed at the softball fields in Freeman Park Develop a truth in housing code Update existing personnel relationship policy handbook Update shoreland recreational zoning district requirements Work with LMCD to identify a suitable location for public access to Lake Minnetonka