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112497 CC Reg Min . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 24, 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. and announced the Council will adjourn to an Executive Session at the conclusion of the regular City Council meeting for an update on the union negotiations with the Teamsters and AFSCME. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty (arrived at 7:35 p.m.), O'Neill and Garfunkel; Administrator Hurm; City Attorney Ron Beatty; Planning Director Nielsen; Engineer Larry Brown Review Agenda B. Mayor Dahlberg read the Agenda for November 24, 1997. The agenda was approved as presented. 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes - November 10, 1997 . O'Neill moved, Stover seconded approving the City Council Regular Meeting Minutes for November 24, 1997, as amended on Page 3, Paragraph 1, Sentence 2, change "in not participating" to "if the Livable Communities Act is unsuccessful." Motion passed 3/0. (Councilmember Garfunkel abstained.) City Council Work Session Minutes - November 10, 1997 O'Neill moved, Stover seconded approving the City Council Work Session Minutes for November 10, 1997, as submitted. Motion passed 3/0. (Councilmember Garfunkel abstained.) 3. CONSENT AGENDA McCarty moved, Garfunkel seconded approving the Motions on the Consent Agenda and adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 97-100, "A Resolution Establishing a Public Hearing Date Regarding Liquor Operations" . B. A Motion Adopting RESOLUTION NO. 97-101, "A Resolution Approving a C.U.P. for an Institutional Wall Sign" Applicant: Lutheran Church of Our Savior Location: 23290 State Highway 7 . . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 1997 - PAGE 2 C. A Motion Adopting RESOLUTION NO. 97-102, "A Resolution Authorizing the Execution of a Planning Grant Agreement with the Metropolitan Council" D . A Motion to Approve a Sign Permit Applicant: Nordquist on behalf of Health Systems 0 f Minnesota Location: 19685 State Highway 7 E. A Motion Adopting RESOLUTION NO. 97-103, "A Resolution Accepting the Public Improvements for City Project 95-14 Eureka Road Watermain Extension" F. A Motion Adopting RESOLUTION NO. 97-104, "A Resolution Accepting the Public Improvements for City Project 95-15 South Link Watermain Extension" Motion passed 5/0. 4. MATTERS FROM THE FLOOR 5 . PARKS - Report by Representative Report by Commissioner Dallman on November 11, 1997, Park Commission Meeting Commissioner Dallman reported on the matters discussed and actions taken at the November 11, 1997, meeting of the Park Commission (as detailed in the minutes of that meeting). With respect to the issue of a skate park, Mayor Dahlberg felt perhaps it would be beneficial to privatize this type of facility or the actual management of it. He expressed his opinion there is probably sufficient support for such a facility. Councilmember O'Neill suggested directing the Park Commission to further investigate this matter as well as the possibility of creating this type of park on a regional level. It was noted the question of liability would need to be investigated. 6. PLANNING - Report by Representative Planning Director Nielsen reported on the November 18, 1997, work session meeting of the Planning Commission, (as detailed in the minutes of that meeting). A . A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet Applicant: James & Diane Agnew Location: 6065 Eureka Road Stover moved, O'Neill seconded, adopting RESOLUTION NO. 97-105, "A Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet for James & Diane Agnew 6065 Eureka Road." Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 1997 - PAGE 3 . B . A Motion to Direct Staff to Prepare Draft Zoning Code Amendment and Findings of Fact Regarding a Conditional Use Permit for Self-Storage Facility Applicant: Todd Jones, representing Two S. Properties (MN Mini-Storage) Location: 19395 Highway 7/5170 Vine Hill Road . Mayor Dahlberg inquired how many bays the new facility will contain. Mr. Jones stated it would be similar to the existing facility containing approximately 350 bays. Mayor Dahlberg asked how this will impact traffic to the facility. Mr. Jones noted on average, there would be 15 to 20 trips per weekday with slightly increased traffic on the weekends. Councilmember Stover noted there was neighborhood support for the first facility which was constructed. She commented the neighbors were in favor of the facility because there were no problems with noise or lights and the building itself sheltered the neighborhood from the highway. Councilmember O'Neill noted the only concerti which was raised by the surrounding neighbors at the Planning Commission level was relative to the color of the building. Stover moved, O'Neill seconded directing staff to prepare draft zoning code amendment and findings of fact regarding a Conditional Use Permit for Self- Storage Facility for Todd Jones, representing Two S. Properties (MN Mini- Storage), 19395 Highway 7/5170 Vine Hill Road. Motion passed 5/0. C . A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Bank Facility with Drive- Thru Applicant: Bayside Financial Corp. Location: 23780 State Highway 7 O'Neill moved, Stover seconded directing staff to prepare Findings of Fact Regarding a Conditional Use Permit for Bank Facility with Drive- Thru for Bayside Financial Corp., 23780 State Highway 7. Motion passed 5/0. 7. CONSIDERATION OF A REQUEST TO WAIVE DELINQUENT UTILITY CHARGES Mr. John Conlin, 4530 Enchanted Drive, addressed the Council requesting the utility charges which have accumulated against his property, prior to his purchase of it, be waived. Mr. Conlin explained he has made numerous attempts to collect the charges from the previous owner to no avail. Mr. Conlin noted since Burnett Realty represented both the buyer and the seller of the property, there may be payment forthcoming from the realty company. Councilmember O'Neill suggested Mr. Conlin continue to pursue this matter, possibly through a conciliation court action. . Councilmember Stover inquired whether these charges have already been certified. Engineer Brown noted they have not. Attorney Beatty noted if the Council were not to certify the tax by November 30th, the charges could still be certified next year to be applied to the 1999 taxes for the property . . . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 1997 - PAGE 4 Councilmember O'Neill noted staff will continue to assist Mr. Conlin with this matter. Stover moved, McCarty seconded deleting the delinquent utility charges for John Conlin, 4530 Enchanted Drive, from the utility certification list for 1997. Motion passed 5/0. 8. CONSIDERATION OF A MOTION AUTHORIZING PREPARATION OF PRELIMINARY SURVEY FOR BADGER WELL AREA McCarty moved, O'Neill seconded authorizing the preparation of the preliminary survey for the Badger well area. Motion passed 5/0. 9. CONSIDERATION OF A MOTION APPROVING PRELIMINARY DIRECTION TO MNDOT REGARDING IMPROVEMENTS TO THE INTERSECTIONS OF TRUNK HIGHWA Y 7 WITH LAKE LINDEN DRIVE, WOOD DRIVE, AND TRUNK HIGHWAY 41 Mayor Dahlberg inquired whether the study information which was compiled by MNDOT has been made available to the City. Brown stated the study has been completed and he will present the results of the study to the Council at the December 15th meeting. O'Neill moved, Stover seconded approving preliminary direction to MNDOT regarding improvements to the intersections of Trunk Highway 7 with Lake Linden Drive, Wood Drive, and Trunk Highway 41. Motion passed 5/0. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REGARDING CONTINUING TO PARTICIPATE WITH THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT Councilmember Garfunkel noted the City will lose some opportunity for funding if the Livable Communities Act is rejected. Mayor Dahlberg is not in favor of making a decision relative to this issue until such time as the Council has completed their review and update of the Comprehensive Plan. Councilmember Stover stated the City's participation with the Metropolitan Council has resulted in somewhat reduced sewer charges as well as the Metropolitan Council's assistance on the issue of . transportation. McCarty moved, Stover seconded, adopting RESOLUTION NO. 97-106, "A Resolution Electing to Continue Participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for the calendar year 1998." Motion passed 3/2. (Mayor Dahlberg and Councilmember O'Neill were the dissenting votes.) 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZING ADVERTISEMENT FOR BIDS - PROJECT NO. 97-06 LAKESIDE W A TERMAIN EXTENSION McCarty moved, Stover seconded adopting RESOLUTION NO. 97-107, "A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids - Project No. 97-03 Lakeside Watermain Extension." Motion passed 5/0. ." "''' . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 1997 - PAGE 5 . 12. ADMINISTRATOR & STAFF REPORTS A . Staff Report on Development Monitoring Planning Director Nielsen reported one building permit has been issued on the Watten Ponds Development and site work has begun. Wetland mitigation will also begin in the near future. The Watershed District had advised this mitigation not begin until such time as the ground is frozen. Mayor Dahlberg inquired whether it would be beneficial to individually mark the trees which are to be removed as well as those which are to be saved. Nielsen felt this would be beneficial. B. Report on Messages Received on the Shoreline 13. MAYOR & CITY COUNCIL REPORTS Councilmember O'Neill reported on the meetings which have been held relative to the Youth Coalition and various options which have been suggested relative to youth activities. 14. ADJOURNMENT Garfunkel moved, O'Neill seconded adjourning the meeting to Executive Session at 9:04 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: , MAYOR .