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102896 CC Reg MinCITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 28, 1996 MINUTES 1. CONVENE CITY COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. Mayor Bean called the meeting to order at 7:30 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Tim Keane; Planning Director Brad Nielsen; Finance Director Al Rolek and Engineer Larry Brown. B . Review Agenda Mayor Bean noted the Park Commission would be added to the agenda as Item 5A. McCarty moved, Stover seconded to approve the agenda for October 28, 1996. Motion passed 510. 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes October 14, 1996 . Stover moved, Shaw seconded to approve the City Council Regular Meeting Minutes of October 14, 1996, as submitted. Motion passed 510. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for October 28, 1996. McCarty moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. A Motion to Approve Job Descriptions for Secretarial & Part Time Clerical Positions B. A Motion to Authorize an Appointment of a Light Equipment Operator C. A Motion to Authorize an Appointment of a Secretary D. A Motion to Approve a Revised Contract for Desk Top Publishing Services E. A Motion to Approve a Contract for Janitorial Services F. A Motion Adopting RESOLUTION NO. 96 -92 "A Resolution Making an Appointment to the Park Foundation" • G. A Motion Adopting RESOLUTION NO. 96 -93 "A Resolution Granting Approval of the Final Plat of Woodside Second Addition" REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 - PAGE 2 • 4. MATTERS FROM THE FLOOR Alexia Kelsey, 25605 Smithtown Road, expressed appreciation for the support shown by the Council for the Kids Safety Sunday event. Ms. Kelsey noted that the event was rescheduled due to its popularity. She stated she would like to have Kids Safety Sunday scheduled for May 18, 1997. She is currently seeking sponsors for the event and noted several businesses have expressed an interest. Mayor Bean asked staff to address this matter. 5. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE SALE OF $860,000 G.O. WATER REVENUE BONDS, SERIES 1996A Bob Thistle, Springsted Public Finance Advisors, presented findings on the bidding process. Mr. Thistle noted the City's credit rating to be A1, which is considered a very high rating for a city the size of Shorewood. Mr. Thistle recommended the Council approve the low bid of Juran & Moody, Inc., with an interest rate of 5.1793 percent. Shaw moved, McCarty seconded adopting RESOLUTION NO. 96 -94 "A Resolution Approving the Sale of $860,000 G.O. Water Revenue Bonds, Series 1996A to Juran & Moody, Inc., at an interest rate of 5.1793 percent." Motion passed 510. A. PARK COMMISSION Park Commissioner Dan Puzak reviewed the matters considered and actions taken at the Park • Commission Meeting held on Tuesday, October 22, 1996 (as detailed in the minutes of that meeting). 6. PLANNING Planning Commissioner Turgeon reviewed the matters considered and actions taken at the Planning Commission Meeting held on Tuesday, October 1, 1996 (as detailed in the minutes of that meeting). A. Consideration of a Motion to Adopt a Resolution Approving the Concept and Development Stage Plans - Watten Ponds P.U.D. Applicant: Abingdon Development Corp. Location: 5370 & 5340 Eureka Road Planning Director Nielsen noted the following changes to the Concept and Development Stage Plans for Watten Ponds P.U.D. Page 3, Conclusions, Item B3, delete the last sentence and add, "The natural buffer for Lots 4 -7, Block 2, shall be 40 feet." Page 4, Item 7, in addition to the listed restrictions, add "yard waste disposal and fertilizer application within wetland buffer areas." Page 4, No. 8, the front yard setback should be 30 feet rather than 35 feet; under the asterisk should read, "The wetland buffer for Lots 4 -7, Block 2, shall be 40 feet," as opposed to 35 feet. • REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 - PAGE 3 Mayor Bean inquired with respect to the detached accessory space restrictions. Nielsen noted that is would need to be added as provision No. 12. Mayor Bean stated this should specifically include tennis courts. In addition, Mayor Bean recalled concerns which had been raised with respect to restricting landscaping and preserving as much natural vegetation as possible as opposed to sodding the yards. Nielsen suggested adding to Page 3, No. 11, "with provisions to maximize the amount of natural vegetation on each home site." Councilmember Stover, noted on Page 2, Findings of Fact, No. 7, the word "proposes" should be stricken. Nielsen agreed with this change. Stover moved, Benson seconded adopting RESOLUTION NO. 96 -95 "A Resolution Approving the Concept and Development Stage Plans - Watten Ponds P.U.D. for Abingdon Development Corp., 5370 & 5340 Eureka Road, ". subject to the changes made. Motion passed 510. B . Consideration of a Motion to Direct Staff to Prepare a Findings of Fact Regarding Conditional Use Permit for Accessory Space Over 1,200 Square Feet Applicant: Allan Larson Location: 4320 Dellwood Lane Mr. Larson was present. Mayor Bean noted it appeared the proposed location of the gazebo would require the removal of an 1 I inch oak tree. He asked if the gazebo could be moved to the north and located in the open space. Mr. Larson stated the proposed location is an open space, noting another oak on the property had been disturbed and then died. He noted a tree preservation and . replacement plan has been included with his request. Stover moved, Benson seconded directing staff to prepare a Findings of Fact approving a Conditional Use Permit for accessory space over 1,200 square feet for Allan Larson, 4320 Dellwood Lane. Motion passed 510. C. Consideration of a Motion to Direct Staff to Prepare a Findings of Fact Regarding Conditional Use Permit to Co- locate Personal Communications Services Antennas on Shorewood Water Tower Applicant: SBA, Inc. (representing Sprint Spectrum L.P.) Location: 5500 Old Market Road Dale Runkle, Zoning Manager for SBA, appeared along with Sonya Dusil and Steve Wallik. Mr. Runkle commented the water tower meets the design criteria and is the only facility which will be needed within the community to launch the system. It is anticipated the system will be in place by March, 1997. Councilmember McCarty noted there is still some question as to the necessity of a permanent surface with which to access the equipment. Nielsen explained a construction easement will be necessary, however, once the equipment is installed, the original landscaping will be replaced. Councilmember McCarty inquired with respect to security lighting and expressed concern any type of lighting be kept to a minimum as well as hooded. Ms. Dusil noted SBA would not be requesting any lighting on the site. U REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 - PAGE 4 Mayor Bean noted the additional space on the platform where the BTS unit is to be located and • asked if any plans were anticipated for the future use of this space. Mr. Runkle explained the platform has space available for an additional BTS unit as well as amplifiers and work space. Mayor Bean also asked what type of fence would be used. Ms. Dusil stated the fence would be a 6 -foot high chain link fence with barbed wire along the top for security purposes. Councilmember Shaw felt the platform was large and asked what was anticipated to be contained on the platform. Mr. Runkle explained the platform could accommodate additional equipment or an additional BTS unit if the present unit exhausts its capacity. Councilmember Shaw inquired if approval of this request would constitute approval of other changes SBA may want to make. Nielsen noted if SBA would want to change the antenna or equipment, a request would need to be brought before the City. Councilmember Shaw expressed concern that additional BTS units would be added beyond the two for which there is space and he stated he would be more comfortable with a building should additional BTS units be requested. City Administrator Hurm noted these concerns could be addressed in the lease agreement which will be reached between the City and SBA. Shaw moved, McCarty seconded directing staff to prepare a Findings of Fact approving a Conditional Use Permit to co- locate personal communications services antennas on Shorewood Water Tower for SBA, Inc., representing Sprint Spectrum L.P., 5500 Old Market Road subject to entering into an agreement. Motion passed 510. Mayor Bean noted he would be in agreement with Councilmember Shaw that a building should enclose the equipment should additional BTS units become necessary beyond the capacity of the • proposed platform. D. Consideration of a Motion to Direct Staff to Prepare a Findings o f Fact Regarding Appeal Interpretation of City Code Regarding Non - conforming Docks Applicant: James Cabalka Location: 58XX Christmas Lake Road Attorney Mark Kelly appeared on behalf of the Cabalkas. Mr. Kelly explained the position of the Cabalkas and stated he felt it reasonable for the Council to conclude the Cabalkas' dock rights were grandfathered in. Councilmember Stover related her understanding the issue is not how long the Cabalkas have lived in their home, but rather how long the dock has been in existence. She pointed out letters had been received from people expressing their memory of what existed in the 1960s and that approximately half of the letters submitted recall a dock and half recalled no dock. Councilmember Stover suggested staff be directed to research the Hennepin County archives to assist in arriving at a definite answer. Planning Director Nielsen was uncertain if the aerials at Hennepin County would reveal anything different than the aerials which had been provided by Mr. Cabalka, however he noted staff could research this matter. Councilmember Shaw suggested the DNR may have aerial photographs which were obtained during a study which was made of the lake. He felt the DNR would be a more helpful source. • REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 PAGE 5 Mayor Bean noted the issue of the dock had been raised due to the concerns of residents. He felt it • would be appropriate to have staff research the matter to reach a complete conclusion. Councilmember McCarty noted her agreement. Stover moved, McCarty seconded directing staff to research the matter and continuing the matter to November 25, 1996, for further consideration. Motion passed 510. 7. CONSIDERATION OF MOTIONS REGARDING PROPERTY LOCATION AT 25565 SMITHTOWN ROAD Ms. Naomi Carlson appeared to address the Council. A. Consideration of a Motion Regarding Safety Concerns Related to Abandoned Property Mayor Bean commented that since security has been maintained he would be willing to allow this matter to be continued, however he asked that staff review the property on a weekly basis to assure security is maintained. B . Consideration of a Motion Regarding Request to Abate Charges Levied Mayor Bean noted the Council had previously discussed the sump pump charges were not intended to be punitive in nature as much as to ensure participation. He stated he would be inclined to waive the sump pump charges for this year, however he would not be in favor of abating the legal fees. • Councilmember Stover felt this would be a reasonable compromise. Ms. Carlson addressed the Council expressing her disappointment the hearing had not been postponed, but rather remained on the agenda at the last Council meeting. Mayor Bean clarified that this matter had in fact been tabled that evening. Ms. Carlson stated she had asked to have the matter tabled and this request was denied. Mayor Bean pointed out that he cannot of his own accord arbitrarily remove a matter from the agenda. The direction the evening of the meeting was that no action would be taken. Ms. Carlson stated she did not feel the sump pump charges were a service and requested that all of the sump pump fees be abated. She pointed out she had addressed the issue immediately after she was made aware of it. With respect to the legal fees, Ms. Carlson stated they had been hidden in the clean up charges. She further requested the property not be referred to as abandoned,_ but rather as vacant. Councilmember McCarty pointed out this matter did remain on the agenda and clarified that Mayor Bean may not of his own motion remove an item from the agenda. She noted that it was the duty of the Council to look at the issue of the safety of the property and pointed out the remaining issue had been tabled. Councilmember McCarty stated she had indicated to Ms. Carlson in a telephone conversation the Council would consider tabling the matter. Councilmember Benson explained the agenda is published and there are certain procedures which must be followed to table a matter which is noticed on the agenda. Councilmember McCarty expressed her opinion the legal fees should not be paid by the Shorewood taxpayers. Councihnember Benson did not feel the plan was to utilize sump pump charges as a penalty, but rather to encourage people to have the inspection done quickly. He was in agreement with Councihnember McCarty with respect to the legal fees, however he felt the sump • pump charges for 1995 and 1996 should be abated. REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 - PAGE 6 • Councilmember Shaw noted Ms. Carlson has complied with the concerns of City Staff. He felt that since she has dealt with the safety issues and is working on the property, he would be in agreement with abating all of the sump pump charges, although he did not feel the legal fees should be abated. Shaw moved, Benson seconded to abate all of the charges levied against 25565 Smithtown Road for violation of the sump pump ordinance. Councilmember McCarty suggested perhaps a token sump pump charge would be appropriate. Councilmember Shaw acknowledged although it was a poor business decision on Ms. Carlson's part to allow this situation to go this far, it was the contract purchaser of the property who actually violated the sump pump ordinance. He further stated this was not meant to be a way to generate revenue and the intent was not to penalize, but to encourage compliance. Mayor Bean pointed out Ms. Carlson is ultimately the fee owner and is responsible for the payment of the taxes. Finance Director Rolek noted there have been charges in the past which have been waived, however, once they have been assessed, they have not been abated. Councilmember Stover asked if the property owners are aware of how much will be assessed and if they receive notice the Council will be holding an assessment hearing. Rolek noted the property owners are made aware of this information. He pointed out the notices are sent to the tax payer of the property who, in this case, was Greg Fox. Councilmember Stover noted the unique position of Ms. Carlson is that she could possibly have thought Mr. Fox was complying with the notice relative to the sump pump inspection. • Motion passed 4/1. McCarty was the dissenting vote. Mayor Bean recessed the meeting at 9:24 p.m. and reconvened at 9:31 p.m. 8. CONSIDERATION OF A REQUEST BY CITIZENS FOR A BETTER ENVIRONMENT TO AMEND ORDINANCE 308 - TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES City Attorney Keane explained a request had been received to amend the ordinance to allow door to door solicitations until 9:00 p.m. He researched the matter and felt several areas of the ordinance should be readdressed. Attorney Keane pointed out this matter has been forwarded to the League of Minnesota Cities Insurance Trust for their review. Councilmember Stover noted the ordinance was created at the request of the residents. She further suggested anyone wishing to solicit could acquire a license from the City and no one would be allowed to solicit after sunset for any reason. Attorney Keane stated he would prepare some minor modifications to the ordinance for the consideration of the Council. 9. CONSIDERATION OF A MOTION TO ACCEPT A PETITION TO CHANGE EUREKA WAY TO REUTIMAN LANE Administrator Hurm noted the petition was being submitted to the Council and stated notice would be sent to the residents of Eureka Way prior to any action taken. • REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 - PAGE 7 . Mike and Lori Braun, 25805 Eureka Way, were presented and informed the Council that their residence is the only residence which utilizes Eureka Way as its address. The Brauns noted there would be significant cost and inconvenience in changing the legal description of their property as well as the abstract, in addition to changing drivers' licenses and other personal documents. The Brauns felt the request to change the name to Reutiman Lane was a nice gesture, however, they suggested the name be used in Smithtown Meadows since there is not a named street in that development. Mayor Bean noted the petition would be accepted and stated the affected residents would be notified. He also commented City Staff could look at Smithtown Meadows as a possible solution. 10. CONSIDERATION OF A MOTION AUTHORIZING ACQUISITION OF A SNOWMOBILE City Administrator Hurm noted City Staff has reviewed several options with respect to this matter. He suggested if none of the other options being considered are feasible that the Council authorize the acquisition of a snowmobile through the use of the equipment reserve fund. Hurm noted that upon the sale of the snowmobile at some future point, the funds would be returned to the equipment reserve fund. Councilmember Benson felt the use of a snowmobile would be necessary for enforcement and that this would not be an unreasonable cost. Mayor Bean suggested at some point the police department could purchase the snowmobile from the City and allocate it back to the City based on a usage formula. • Benson moved, McCarty seconded authorizing the acquisition of a snowmobile not to exceed $6,000, including any associated - equipment as needed. Motion passed 510. 11. ADMINISTRATOR & STAFF REPORTS Report on Council Meeting Scheduled on Cable TV City Administrator Hurm was informed by Jim Daniels, Executive Director of the Lake Minnetonka Cable Commission, that the Commission broadcasts the Council meetings of eight City Councils and due to the limited number of prune time spots and the varying times of the meetings, the meetings are aired on a rotating basis. Specific evenings and times are not guaranteed, however, each meeting is aired at least two times. The air times are broadcast on Channel 8. City Administrator Hurm also noted the Metropolitan Council has sent amendments to the Regional Blue Print, the Transportation Development Guide Policy Plan, Water Resources Management Plan, amendment to the Aviation Development Guide, amendments to the Regional Recreational Open Space Plan. There will be public hearings on the November 19th and 20th. These materials are available for review at City Hall. City Attorney Keane reported on the Johnson inverse condemnation case explaining that at the conclusion of approximately seven days of trial, a verdict was returned in which the jury awarded essentially what the City had appraised the value of the easement to be. As to the second item of damages, the jury awarded zero dollars despite the large claim. With respect to damages and cost IS to clean up the property, the jury awarded a dollar verdict substantially less than the Johnsons were REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 - PAGE 8 asking for, but one which the City believes should be lowered. A motion will be filed within the week seeking a reduction of the jury award. 12. MAYOR & CITY COUNCIL REPORTS Councilmember Shaw inquired with respect to the double staking which is taking place at the Christmas Lake intersection. He noted the Highway Department is asking for temporary easement which would involve the taking of most of the trees in the area. Councilmember Shaw had requested City Staff to investigate this matter to ascertain whether the Highway Department would be willing to guarantee the safety of the trees. City Engineer Brown explained he is in the process of checking on this matter with MNDOT, however, if there is a construction easement, the trees will probably be removed. 13. ADJOURNMENT Shaw moved, Stover seconded to adjourn the meeting at 10:13 p.m. subject to the payment of claims. RESPECTFULLY SUBMITTED Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST 1 ROBERT B. BEAN, MAYOR 5� C. HURM, v- TY ADMINISTRATOR