Loading...
102797 CC Reg Min . . . .. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, OCTOBER 27, 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 7:32 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen B. Review Agenda Mayor Dahlberg read the Agenda for October 27, 1997. Administrator Hurm pointed out Item 6C to be a motion to adopt a zoning ordinance amendment; Item 6D to be a motion to adopt a zoning ordinance amendment; Item 6E to also be a motion to adopt a zoning ordinance text amendment. He further noted Item 11 to be consideration of a motion to authorize the purchase of office equipment and software rather than a resolution. The agenda was approved as amended. 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes - October 13, 1997 McCarty moved, Stover seconded approving the City Council Regular Meeting Minutes for October 13, 1997, as amended on Page 3, Item B, substitute Paragraph 1 with the verbatim portion of the meeting as distributed to the Council. Motion passed 5/0. 3. CONSENT AGENDA Stover moved, Garfunkel seconded approving the Motions on the Consent Agenda and adopting the Resolutions therein: A. A Motion to Approve a Temporary Sign Permit for the Southshore Senior/Community Center Applicant: Friends of the Southshore Senior Community Center Location: 5735 Country Club Road B. A Motion Adopting RESOLUTION NO. 97-89, itA Resolution Regarding a Final Plat for Charles Oberg, 5590 Christmas Lake Point. It Motion passed 5/0. . . . CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 2 4. MATTERS FROM THE FLOOR Steve Hertzenbergh, 26115 Shorewood Oaks Drive, expressed his appreciation to the Preservation Team and the open style of government which they have adopted. Keith Monjak, 6140 Pleasant Avenue, thanked the Council for listening to him and providing the representation he voted for last November. 5. PARKS Report on October 14, 1997 Park Commission Meeting Commissioner Colopolous reported on the October 14, 1997 meeting of the Park Commission (as detailed in the minutes of that meeting). 6. PLANNING - Report by Representative Commissioner Turgeon reported on the matters considered and actions taken by the Planning Commission at their meeting of October 14, 1997, (as detailed in the minutes of that meeting). Commissioner Turgeon requested members of the Council meet with members of the Planning Commission to provide the Commission with direction relative to their role as an advisory board. She suggested meeting on November 17, 1997. Mayor Dahlberg requested staff make arrangements to schedule this meeting. A. A Motion to Adopt a Resolution Denying Concept Plan Review of Planned Unit Development for Senior Housing Applicant: Location: Eagle Crest Northwest 25600 Highway 7 & 6140 Eureka Road Attorney Dean commented on the Findings of Fact which he felt to be defensible. He noted the findings are based upon information which was introduced at the public hearings and information which is contained within the City's regulations and zoning ordinances and within the Comprehensive Plan as well as the application for the land use request which is being made. O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 97-90, itA Resolution Denying Concept Plan Review of Planned Unit Development for Senior Housing for Eagle Crest Northwest, 25600 Highway 7 and 6140 Eureka Road. It Councilmember Stover inquired why density was not listed in the findings as a reason for the denial since some of the councilmembers had specifically noted they were opposed to the project because of the density. Attorney Dean stated there were a number of issues raised in the public hearings and he felt the contents of the findings accurately sets forth the position of the City. Councilmember Stover comment on the reference to the park land swap, noting the developer had stated during the public hearings that this would not be a necessary part of their plan. With respect to increasing the traffic, she felt any development at all of this land would increase traffic. Councilmember Stover noted in Item C the reference to a 20-foot road and pointed out the Planning Commission had recommended that be increased to 22 feet. In addition, the Fire Marshal had commented that 20 feet does meet the minimum requirement. . . . CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 3 Councilmember Stover pointed out the setback requirements take place during the developmental stage and can be shifted in order to meet the setbacks. She also pointed out the developer was looking at two options to address the fire protection issue. One option would be to use sprinklers and the other would be to utilize Chanhassen. Councilmember Stover stated based on the thoughts she has outlined, she would not be voting for this resolution. She did not feel the findings were representative of the reasons Councilmembers O'Neill and Garfunkel voted against the proposal. Councilmember Garfunkel recalled he had also considered the traffic issue. Councilmember O'Neill pointed out he had had concerns relative to traffic even prior to this request. He noted this will be the subject of a study session to be held on October 28, 1997. Motion passed, 3/2. (Councilmembers Stover and McCarty were the dissenting votes.) 7. 8:00 P.M. PUBLIC HEARING - CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING ASSESSMENTS FOR PUBLIC IMPROVEMENTS - MARSH POINTE Mayor Dahlberg opened the public hearing at 8:07 p.m. Bruce Malkerson, Attorney for Lundgren Brothers and Marsh Pointe, LLC, appeared objecting to the assessment charges relative to public improvements for Marsh Pointe on the basis they are excessive, arbitrary and contrary to state law. Hearing no further public testimony, Mayor Dahlberg closed the public hearing at 8:10 p.m. McCarty moved, Garfunkel seconded adopting RESOLUTION NO. 97-91, "A Resolution Approving Assessments for Public Improvements - Marsh Pointe." Motion passed 5/0. 6. PLANNING - (CONTINUED) B. A Motion Regarding an Amendment to Gideon's Woods P.U.D. Agreement and Protective Covenants Applicant: Gideon's Woods Homeowner's Association Location: Common Area of Gideon's Woods P.U.D. Fred Dresser, 5480 Gideon's Woods, asked to keep the sign for a maximum of five years in an effort to recuperate the losses the residents have suffered due to the actions of the developer. Mary Savoy, 5455 Gideon's Lane, requested the sign be allowed to remain because it blocks the lights from County Road 19 into her home. She stated the developer had promised to construct a 5 to 10 foot high berm which would screen her home from County Road 19, however this was never completed. Councilmember Stover noted the Planning Commission had unanimously voted not to change the P.D.D. She expressed sympathy to the residents, however, she felt the second motion of the Planning Commission would be a solution to the problem. It was recommended the sign be replaced with landscape screening. Councilmember Stover noted previous Councils have worked hard to eliminate the billboard signs from the city in an effort to maintain the rural atmosphere. Councilmember McCarty noted her agreement. . CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 4 Mayor Dahlberg asked which of the two issues, screening or fInance, is the more signifIcant issue. He suggested allowing the sign to stay for two years and then removed with appropriate screening in place. Mr. Dresser felt the issues to be equal. Councilmember Garfunkel stated the sign impacts more than just the residents of Gideon's Woods and noted letters have been received from residents of other communities who are opposed to the sign and requesting its removal. He felt it had become the view of the Council that PUD's would not be changed. Mayor Dahlberg stated he gave consideration to changing a PUD in the past and had determined he would only do so if there is adequate neighborhood support and he noted all of the Gideon's Woods neighborhood supports this proposal. Councilmember O'Neill stated he has noted opposition from people living across the street as well as those utilizing the trails. He was sympathetic to the neighborhood, however, the sign affects too many others. Nielsen suggested a fence could be considered, however, this would not be done by the City. He noted there is work which needs to be completed on the site and until such time as that work is completed, it may not be possible to complete any landscaping. Engineer Brown reported he has been in contact with the developer's engineer and plans have been submitted for the storm sewer pipe, however, at this time, the plans have been unacceptable due to the damage it would cause to a particular stand of trees. When this work is eventually completed, it will require additional tree plantings. Nielsen pointed out building permits will not be issued on the remaining four units until such time as an additional $17,000 has been posted in escrow. . Nielsen felt planting trees in the northeast corner would be the best plan. He will investigate this matter and return to Council with this information. . Bob Rascop asked if the sign could be kept up until such time as a fmal resolution to this situation has been reached. Councilmember O'Neill pointed out although removal of the sign is a provision in the PUD, the PUD also anticipated the development would be fInished. Nielsen pointed out there had been no landscaping proposed for the northeast corner to replace the sign. Mayor Dahlberg noted he is very interested in the fInancial aspect of this situation and felt those opposed to the sign would be sympathetic to the residents if they were aware of the situation. Councilmember O'Neill suggested investigating the possibility of a fence and possibly a variance relative to the height of the fence. He requested Nielsen provide him with a copy of the landscaping plan. Mayor Dahlberg asked that this matter be resolved as quickly as possible. O'Neill moved, McCarty seconded withdrawing the proposed amendment to Gideon's Woods P.U.D. Agreement and Protective Covenants from further consideration. Motion passed 5/0. O'Neill moved, Dahlberg seconded to convene in Executive Session at the conclusion of the regular City Council Meeting to discuss pending litigation. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 5 . C. A Motion to Adopt a Zoning Ordinance Amendment Relative to Signs Applicant: Friends of the Southshore Senior Community Center Location: 5755 Country Club Road Councilmember O'Neill stated he would be interested in putting time limits on the operation of the signs. Councilmember Stover asked if this would be necessary given the fact the sign is not located in a residential area. Mayor Dahlberg felt this could be addressed if it becomes a problem. Glenn Froberg was in attendance and explained the senior center is a nonprofit organization and is dependent upon recognition in the community to survive. He felt an internally lit message sign would give the proper viewing to people driving down the highway and could be informed of center events as they drive by. Stover moved, McCarty seconded adopting a zoning ordinance amendment relative to signs for Friends of the Southshore Senior Community Center, 5755 Country Club Road. Motion passed 5/0. D . A Motion to Adopt a Zoning Ordinance Amendment Relative to Signs Applicant: Howard's Point Marina . Councilmember Garfunkel expressed concern relative to the 20-year provision. Nielsen noted the Planning Commission requested staff compile an inventory of existing signs to document their current existence. Councilmember Stover asked if the inventory had been completed. Nielsen stated it will be done once the amendment is approved. Stover felt it would be helpful to have the inventory available for future reference. Nielsen commented the ordinance is intended to grandfather existing signs and not to allow additional signs. Stover moved, O'Neill seconded adopting a Zoning Ordinance Amendment Relative to Signs for Howard's Point Marina. Motion passed 5/0. E. A Motion to Adopt a Zoning Ordinance Text Amendment Relative to Signs Applicant: Location: Lutheran Church of Our Savior 23290 State Highway 7 Mayor Dahlberg noted his son attends this church school and asked whether he would need to excuse himself. Attorney Dean stated this would not be necessary. Fred Limmel, 23290 State Highway 7, was in attendance and expressed his appreciation for the assistance he received from staff and the Planning Commission. Stover moved, McCarty seconded adopting a zoning ordinance text amendment relative to signs for Lutheran Church of Our Savior, 23290 State Highway 7. Motion passed 5/0. . . . . CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 6 A Motion to Direct Staff to Prepare Findings of Fact Regarding a C.U.P. for an Institutional Wall Sign Applicant: Lutheran Church of Our Savior Location: 23290 State Highway 7 Garfunkel moved, Stover seconded directing staff to prepare Findings of Fact regarding a C.U.P. for an institutional wall sign for Lutheran Church of Our Savior, 23290 State Highway 7. Motion passed 5/0. F. G. A Motion to Adopt a Resolution Regarding a Simple Subdivision Applicant: Stab Taube Location: 27280 Edgewood Road Councilmember O'Neill raised a question relative to the driveway. Nielsen stated the driveway has not been removed, however, the Planning Commission recommended it either be removed or be used to serve a new home by May 1, 1998. Stover moved, Dahlberg seconded adopting RESOLUTION NO. 97-92, "A Resolution Regarding a Simple Subdivision for Stan Taube, 27280 Edgewood Road." Motion passed 5/0. 8. CONSIDERATION OF A MOTION TO ACCEPT A QUOTE TO CLEAN SOUTHEAST WATER TOWER McCarty moved, O'Neill seconded accepting the quote of Tight Rope to clean the southeast water tower. Motion passed 5/0. 9. CONSIDERATION OF A MOTION REGARDING FUND RAISING OPTIONS FOR FOURTH OF JULY CELEBRATION Mayor Dahlberg offered to make telephone calls to people who may be interested in volunteering to assist with the fund raising. Councilmember O'Neill stated he has supported the City's past contributions and will continue to support them in the future. Councilmember Garfunkel suggested an article in the newsletter relative to this issue. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING A RECOMMENDATION FOR APPOINTMENT TO THE MINNEHAHA CREEK WATERSHED BOARD O'Neill moved, Stover seconded adopting RESOLUTION NO. 97-93, "A Resolution Making a Recommendation for Appointment of Woody Love to the Minnehaha Creek Watershed Board of Managers." Motion passed 5/0. Mayor Dahlberg recessed the meeting at 9:26 p.m. and reconvened at 9:36 p.m. 11. CONSIDERATION OF A MOTION TO AUTHORIZE THE PURCHASE OF OFFICE EQUIPMENT AND SOFTWARE Hurm explained this purchase does not involve the use of any replacement funds. Mayor Dahlberg suggested a business requirements analysis may be appropriate at some point. CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 7 . Garfunkel moved, Stover seconded authorizing the purchase of office equipment and software for the City offices. Motion passed 5/0. 12. CONSIDERA TION OF A MOTION ADOPTING THE TREE POLICY BY PENALTIES FOR VIOLATIONS ADMINISTRA TIVE SANCTIONS TO ADOPT AN ORDINANCE REFERENCE PROVIDING FOR AND DISCUSSION ON Mayor Dahlberg suggested tabling the discussion relative to administrative sanctions to some future date. Councilmember Stover felt the purpose and intent of the policy to be good, however, since it has been applied, there have been some problems. She suggested this matter be referred to the Planning Commission for their review to determine whether the points contained in the policy are still valid. Councilmember O'Neill suggested directing staff to bring this issue to the Planning Commission for their review as soon as possible and felt it important this be included in the code. Councilmembers McCarty and Garfunkel noted their agreement. McCarty moved, O'Neill seconded adopting an ordinance adopting the Tree Policy by reference and providing for penalties for violations with a discussion on administrative sanctions at some future date. Motion' passed 4/1. (Councilmember Stover was the dissenting vote.) 13. ADMINISTRATOR & STAFF REPORTS A. Report on Shoreline Messages Received . A comment was made relative to the difficulty in hearing staff speak at the Council meeting which was held at the Southshore Center. Minnetonka Sound and Light will be consulted to determine what type of improvements could be made. B . Staff Report on Development Monitoring Brown reported the blacktop work at Marsh Pointe has been completed. The Watten Ponds developer has installed two small retaining walls which he has been directed to reinstall, moving the walls back farther to allow for snowplowing. The walls were installed contrary to the direction of staff. Engineer Brown reported on the work being performed at the Stubsted property located at Eureka and Smithtown. He stated the work was completed to the homeowner's satisfaction as well as under budget. Freeman Park picnic shelter has been delivered and should be up prior to winter. Planning Commissioner Turgeon asked for Council direction relative to the existing tree policy. The Council will submit their written concerns to Administrator Hurm by the next regular City Council meeting. 14. MAYOR & CITY COUNCIL REPORTS . . . . ,.' .~ CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 8 15. ADJOURNMENT McCarty moved, Stover seconded adjourning the meeting to Executive Session at 10:04 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: JA , MAYOR