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042897 CC Reg Min . . . .~ . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, APRIL 28, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:34 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Planning Director Brad Nielsen. Review Agenda B. The agenda was accepted as amended for April 28, 1997. Mayor Dahlberg introduced Scout Master Chuck Fryberg and Assistant Scout Master John Kuntz along with Boy Scout Troop 424 and welcomed them to the meeting. Troop 424 is sponsored by Our Saviors Lutheran Church. C . Presentation of Plaque to Sandra Trettel Mayor Dahlberg presented a plaque to Park Commissioner Sandra Trettel in appreciation for her two years of service on the Park Commission. Ms. Trettel thanked the Council and noted she has resigned from service on the Commission due to her busy family life. 2. APPRO V AL OF MINUTES A. City Council Work Session Minutes. April 7, 1997 The City Council Work Session Minutes for April 7, 1997, were approved as submitted. B . Board of Review Reconvened Meeting Minutes . April 14, 1997 The Board of Review Reconvened Meeting Minutes for April 14, 1997, were approved as submitted. C . City Council Regular Meeting Minutes . April 14, 1997 McCarty moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for April 14, 1997, as amended on Page 1, Item 2A, change "Menge" to "Minge"; Page 2, Item 3, remove Items D and F from the Consent Agenda; Page 6, Paragraph 2, Sentence 2, change "was" to "was not"; Paragraph 4, change "if" to "whether or not"; delete "then"; Sentence 2, change later portion of sentence to read, "he must prove his innocence in order to continue asserting that right"; Page 8, Item C, Paragraph 8, Sentence 1, change to read "payment to OSM regarding Old Market Trail." Motion passed 5/0. D. City Council Executive Session Meeting Minutes . April 14, 1997 . . . CITY COUNCIL REGULAR MINUTES APRIL 28, 1997 - PAGE 2 The City Council Executive Session Meeting Minutes for April 14, 1997, were approved as submitted. 3. CONSENT AGENDA Mayor Dahlberg read the Consent Agenda for April 28, 1997. Garfunkel moved, O'Neill seconded to approve the Motions on the Consent. Agenda and to adopt the Resolutions therein: A . A Motion Authorizing a Contribution to Excelsior Chamber 0 f Commerce for Fourth of July Celebration B. A Motion Adopting RESOLUTION NO. 97-30, "A Resolution Approving a Temporary Gambling License for StorefrontlY outh Action Group" Motion passed 5/0. 4. MATTERS FROM THE FLOOR Duane Laurila, 5595 Eureka Road, expressed concern with the condition of Eureka Road as re- established by the contractors when completing the watermain work. He observed the surface of the roadway has settled down approximately 8 inches. Councilmember O'Neill stated until the settlement has completed at the end of the winter season and the road restrictions have lifted, the situation cannot be addressed. He further noted he will be meeting with City Engineer Brown to address this issue. Mr. Laurila expressed concern the warranty period not expire resulting in the work being completed at the expense of the City. 5. FRIENDS OF THE SOUTHSHORE SENIOR COMMUNITY CENTER - ANNUAL REPORT Administrator Hurm explained Mr. Bob Gagne was unable to attend the meeting, however Mr. Gagne would be happy to attend the next meeting to review the annual report. 6. PLANNING - Report by Representative Planning Director Nielsen reported on the April 15, 1997, Work Session of the Planning Commission and the items discussed (as detailed in the minutes of that meeting). A . A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance and Variance to Expand a Nonconforming Structure Applicant: Rocky Waldin 5755 Merry Lane Location: Councilmember O'Neill commented due to the setback from the lake and the driveway easement in the back, this lot is almost unbuildable. He stated he is in favor of granting a variance due to the hardship the narrowness of the lot presents. Mayor Dahlberg had visited the property and noted there did not appear to be any concern on the part of the neighbors. In addition, he did not feel this property would impact anyone else. He also . . . CITY COUNCIL REGULAR MINUTES APRIL 28, 1997 - PAGE 3 noted the hardship referenced by Councilmember O'Neill. Mayor Dahlberg recalled this to be a variance which had been passed by a previous Council. O'Neill moved, McCarty seconded directing Staff to prepare Findings of Fact approving a setback variance and variance to expand a nonconforming structure for Rocky Waldin, 5755 Merry Lane. Motion passed 5/0. Mayor Dahlberg noted after fmal approval of this request, there is a one-year limitation on the variance. B . A Motion to Adopt a Resolution Approving a Simple Subdivision Applicant: D. Carter, Tradewinds Concepts & Design representing Lisa Klaverkamp Location: 23585 Yellowstone Trail Mayor Dahlberg asked if the subdivision is within the existing zoning requirements. Planning Director Nielsen confirmed that it is. He noted the original plan was adjusted to conform with Staff and Planning Commission recommendations. Councilmember O'Neill inquired relative to concerns raised by the Planning Commission with respect to the trees on the lot. Nielsen commented the surveyor confirmed the significant trees have been indicated. This information will be reconfirmed at such time as building occurs on the lot. At that time a Tree Preservation Plan would be required. He noted this subdivision does not require the removal of any trees. Councilmember O'Neill wanted to ensure there would be follow up relative to the trees. Stover moved, O'Neill seconded adopting RESOLUTION NO. 97-31, "A Resolution Approving a Simple Subdivision for D. Carter, Tradewinds Concepts & Design representing Lisa Klaverkamp, 23585 Yellowstone Trail." Motion passed 5/0. C. A Motion to Adopt a Resolution Approving a Simple Subdivision/Combination Applicant: Don Blumberg 23820 Lawtonka Drive Location: Mayor Dahlberg confirmed this subdivision is within the existing zoning requirements. Nielsen stated Mr. Blumberg will need to obtain signatures from the parties who have an interest in the portion of property to be conveyed. It was noted Mr. Blumberg has spoken with the affected parties and they have given their verbal consent. Councilmember Stover asked how this matter would be affected if Mr. Blumberg were unable to obtain the necessary signatures. Nielsen stated he could request an extension if it becomes necessary. Councilmember Stover noted there can be difficulty obtaining compliance with mortgage companies. McCarty moved, Stover seconded adopting RESOLUTION NO. 97-32, "A Resolution approving a simple subdivision/combination for Don Blumberg, 23820 Lawtonka Drive." Motion passed 5/0. CITY COUNCIL REGULAR MINUTES APRIL 28, 1997 - PAGE 4 . 7. CONSIDERA TION OF MOTIONS REGARDING CHAPTER 302 OF THE MUNICIPAL CODE PROVIDING FOR SALE OF CIGARETTES A. A Motion to Adopt an Ordinance Amending Chapter 302 of the City Code Providing for Sale of Cigarettes City Attorney Dean explained the City is seeking a waiver from the Food and Drug Administration Regulations on the sale of tobacco products to minors. This would allow the City to enforce the state statute which is a different set of regulations than the ones recently adopted by the Food and Drug Administration. City Attorney Dean explained the original ordinance at City Hall was unsigned and there was not an affidavit of publication on file. Therefore, the ordinance mayor may not be in effect. He recommended the ordinance be re-adopted soit will clearly be in effect. . Mayor Dahlberg noted this will result in making Shorewood more uniform with the neighboring municipalities in that they will each be enforcing the state statute. O'Neill moved, McCarty seconded, adopting an Ordinance amending Chapter 302 of the City Code providing for sale of cigarettes. Motion passed 5/0. B. A Motion Authorizing Submittal of FDA Tobacco Regulation Preemption Waiver Application Councilmember McCarty'inquired relative to the proof of age provision in that photograph identification would be required for persons 26 years of age or younger and whether the state statute includes this provision. Attorney Dean stated there are some points in the federal regulations which are superior to the state regulations and he suggested the City may want to review and adopt some of those provisions at some future time. He commented the City may want to strengthen some of the provisions. Councilmember McCarty stated she would like to review this matter further. Mayor Dahlberg noted his agreement. Stover moved, McCarty seconded authorizing submittal of FDA Tobacco Regulation Preemption Waiver Application. Motion passed 5/0. 8. CONSIDERA TION OF A MOTION TO APPROVE A REQUEST BY SPRINT SPECTRUM TO APPLY FOR A CONDITIONAL USE PERMIT TO LOCATE AN ANTENNA ON MINNEWASHTA WATER TOWER Mayor Dahlberg noted some concerns had been raised by the Waterford neighborhood when antennas were allowed on the water tower. Councilmember Stover felt this to be a nonissue because the Council cannot refuse to allow a carrier to request a Conditional Use Permit to locate their antennas in the City. There are federal regulations which apply to consideration of these requests. Attorney Dean stated there may be some circumstances under which the City could deny the application to place the antennas, however, those circumstances cannot be determined until an application is made and given consideration. . . . . CITY COUNCIL REGULAR MINUTES APRIL 28, 1997 - PAGE 5 Administrator Hurm noted he spoke with Principal Law and Gene George of the Minnewashta School. Due to the proximity of the tower to the school, the School District would prefer a building for the equipment as opposed to a fence. Mayor Dahlberg wanted to ensure staff has researched the competitive rates which are charged for these type of lease agreements. McCarty moved, Stover seconded approving a request by Sprint Spectrum to apply for a Conditional Use Permit to locate an antenna on Minnewashta water tower. Motion passed 5/0. 9. CONSIDERATION OF A MOTION TO APPROVE A REQUEST BY NEXTEL TO APPLY FOR A CONDITIONAL USE PERMIT TO LOCATE AN ANTENNA ON MINNEWASHTA WATER TOWER O'Neill moved, McCarty seconded approving a request by Nextel to apply for a Conditional Use Permit to locate antenna on Minnewashta Water Tower. Motion passed 5/0. Administrator Hurm pointed out a project sheet will be utilized in notifying the residents of these requests and asked the Council to consider the information to be included and the way in which it should be communicated. 10. ADMINISTRATOR & STAFF REPORTS Staff Report on Development Monitoring Nielsen stated a preconstruction meeting for the Watten Ponds project has been scheduled. Tree protection and erosion control measures to be utilized will be stressed. Staff will also emphasize the importance these matters be controlled and maintained. Nielsen stated Gideon Woods was sent a notice to clean up. Since no response was received, Public Works undertook the task and the developers will receive an invoice for this work. In addition, a deadline of May 15th was set for landscaping to be completed. In the event it is not completed the City will undertake this work and it will begin on June 1st. It was noted funds have been escrowed for this purpose. 11. MAYOR & CITY COUNCIL REPORTS Councilmember McCarty noted she received a call from a resident in the Boulder Bridge area in which it was reported the siren at the Minnewashta school is not functional. She stated Police Chief Young has been informed as well as the Fire Marshal. Administrator Hurm stated Chief Young is aware of the problem and has acknowledged there have been problems off and on with the system. Councilmember McCarty expressed concern this be repaired as soon as possible given the importance of having this siren in working condition. Councilmember McCarty reported on the Arbor Day Celebration at Freeman Park. She noted Mr. Reutiman was present and donated two maple trees which were planted. She expressed appreciation for the presence of the three generations of the Reutiman family who were in attendance. McCarty expressed interest in this celebration becoming an annual event. . . . CITY COUNCIL REGULAR MINUTES APRIL 28, 1997 - PAGE 6 Mayor Dahlberg expressed regret for not being able to attend this celebration. A. Report on April 16 Coordinating Committee Meeting Mayor Dahlberg stated he attended the April 16 meeting of the Coordinating Committee along with Administrator Hurm. He noted the Joint Powers Agreement will be coming up for consideration to determine what it will cost the City of Shorewood to participate with the other communities in that agreement. He noted the Committee will be reconvening in July to begin negotiations. Councilmember O'Neill stated he had attended a meeting with the Watershed District along with City Engineer Brown and the Watershed District is giving consideration to allowing Shorewood to reconstruct Strawberry Lane without dedicating any funds or holding ponds. B. Discussion on Addition of Regular Work Session Meeting to Council Calendar Councilmember O'Neill requested a regular work session meeting be added on a monthly basis. Councilmember Stover felt the work sessions should continued to be held on an as needed basis. Councilmember O'Neill stated he feels the Council needs to meet more often than two times per month. Mayor Dahlberg noted there are a number of issues to be discussed in a work session format. He suggested setting work sessions to address the Comprehensive Plan and the Capital Improvements Plan. Councilmember Garfunkel suggested having the materials available to the Council for their review in the event there is time after a regular meeting in which those matters could be considered. Councilmember McCarty felt work sessions should be set as issues arise. She felt at this time, work sessions should be set to address the issues of the Comprehensive Plan and the Capital Improvements Plan. Councilmember Stover noted her agreement and stated the extra meetings do place additional burden on the staff who have busy schedules during the day as well. Mayor Dahlberg stated he would support an aggressive schedule to complete consideration of the Comprehensive Plan and the Capital Improvement Projects. He suggested agreeing on a date to complete consideration of these matters. Councilmember Garfunkel stated he would like to see these issues addressed as soon as possible. . . . ... ,.. . CITY COUNCIL REGULAR MINUTES APRIL 28, 1997 - PAGE 7 12. ADJOURNMENT Garfunkel moved, O'Neill seconded to adjourn the Regular City Council Meeting to a Work Session at 8:38 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl WaIIat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ~ ( C. HURM, CITY ADMINISTRATOR