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120397 CC Reg Min ,. . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING WEDNESDAY, DECEMBER 3, 1997 MINUTES 1. CONVENE CITY COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. Mayor Dahlberg called the meeting to order at 7:35 p.m. He also announced the Regular City Council Meeting will be recessed at 7:45 p.m. and a City Council Special Meeting convened to conduct the Truth In Taxation Public Hearing. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Finance Director AI Rolek; Engineer Larry Brown Review Agenda B. Mayor Dahlberg read the Agenda for December 3, 1997. Administrator Hurm requested the addition of Item 5A, Consideration of an Ordinance Amendment Regarding Liquor at the Southshore Center, and Item 5B, A Motion Regarding the Consumption of Liquor at the Southshore Center. The agenda was approved as amended. 2. APPROVAL OF MINUTES . A. City Council Work Session Meeting Minutes - November 12, 1997 Dahlberg moved, Garfunkel seconded approving the City Council Work Session Meeting Minutes for November 12, 1997, as amended on Page 1, Last Paragraph, change "planning city" to "Plan A city"; Page 2, Paragraph 1, change "planning city" to "Plan A city"; change to read "systematically documented clear policy." Motion passed 5/0. B. City Council Work Session Minutes - November 17, 1997 Dahlberg moved, O'Neill seconded approving the City Council WOj"k Session Minutes for November 17, 1997, as amended on Page 1, Item 2, Paragraph 6, change "necessary" to "necessarily." Motion passed 5/0. C. City Council Work Session Minutes - November 19, 1997 D. City Council Regular Meeting Minutes - November 24, 1997 E. City Council Work Session Minutes - November 25, 1997 Dahlberg moved, O'Neill seconded tabling consideration of the City Council Work Session Minutes for November 19, 1997, the City Council Regular Meeting Minutes for November 24, 1997, and the City Council Work Session Minutes for November 25, 1997, to the December 15, 1997 meeting of the City Council. . Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES DECEMBER 3, 1997 - PAGE 2 . F . City Council Executive Session Minutes - November 24, 1997 Dahlberg moved, O'Neill seconded approving the City Council Executive Session Minutes for November 24, 1997, as submitted. Motion passed 5/0. 3. CONSENT AGENDA Stover moved, McCarty seconded approving the Motions on the Consent Agenda: A. A Motion to Approve a Block Party Request - July 4, 1998 from 9:30 a.m. to 11:00 a.m. B . A Motion to Authorize the Execution of Deferred Loan Repayment Agreement - 20390 Excelsior Boulevard Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None 5. PLANNING - Report by Representative Commissioner Turgeon reported on the matters considered and actions taken at the December 2, 1997, meeting of the Planning Commission, (as detailed in the minutes of that meeting). Mayor Dahlberg recessed the meeting at 7:54 p.m. to convene the City Council Truth in Taxation Meeting. Mayor Dahlberg reconvened the Regular City Council Meeting at 8:29 p.m. . A. CONSIDERATION OF AN ORDINANCE AMENDMENT REGARDING LIQUOR AT THE SOUTHSHORE CENTER Bob Gagne, 24850 Amlee Road, Chairman of the Friends of the Southshore Senior Center, was in attendance. He explained to the Council there have been 25 requests for the rental of the facility. He noted the rental fees and fundraising has been utilized to pay for the facility. Mr. Gagne noted the Center is dependent upon the rental of the facility to meet the operating expenses. Mr. Gagne explained there have been rental inquiries in which potential renters have wanted to be allowed to have alcohol on the site. He noted this is currently not permitted, however, he requested wine and beer be allowed to be served on the premises. The Council was provided with a list a potential requirements which were developed by the Friends of the Southshore Center. Councilmember Garfunkel questioned whether there is a need for a liquor license. Attorney Dean explained under the local ordinance, a liquor license is required when alcohol is furnished either by sale or by gift, although the state statute refers to a licensing activity as being one where alcohol is served as part of a commercial transaction. He did not feel a license should be required given the manner in which the activities are structured at the Center. Attorney Dean recommended the policies and regulations relative to this issue be reviewed by the League of Minnesota Cities Insurance Trust. Mayor Dahlberg inquired whether the request would be restricted to beer and wine. Attorney Dean explained this would include any alcoholic beverage. The proposed ordinance amendment addresses the intoxicating liquor provision of the ordinance. . , CITY COUNCIL REGULAR MEETING MINUTES DECEMBER 3, 1997 - PAGE 3 . Mr. Gagne noted he will be obtaining a copy of the rules and regulations which are currently utilized at the Minnetonka Senior Center. Councilrnember O'Neill requested Gagne supply the Council with a copy of those regulations. Councilmember Stover stated the Friends group intends to establish stringent restrictions to avoid the possibility of any problems associated with the use of alcohol in the facility. Councilmember O'Neill stated he supports the request, however, he would like to review the rules and regulations prior to voting on this matter. Mayor Dahlberg felt procedurally there would not be a problem with acting on this matter since the Council will have the opportunity to review the rules and regulations before they are put into effect. Councilmember Stover suggested granting approval contingent on the review and approval by the City Council of the policies and regulations. Stover moved, McCarty seconded adopting ORDINANCE NO. 325, "An Ordinance Relating to Prohibited Acts and Conditions Amending Shorewood City Code Section 403, Subd. 11." Motion passed 5/0. B . A MOTION REGARDING THE CONSUMPTION OF LIQUOR AT THE SOUTHSHORE CENTER . Garfunkel moved, O'Neill seconded approving the consumption of liquor at the Southshore Center subject to review and approval by the City Council of the policies and regulations for such consumption. Motion passed 5/0. Hurm noted the Center cannot allow beer or liquor to be served until the Council has reviewed and approved the policies and regulations relative to such consumption. Councilmember Stover requested this matter be placed on the next agenda for further consideration. Attorney Dean asked Mr. Gagne to provide the proposed policies and regulations to the League of Minnesota Cities Insurance Trust for their review as well. 6. CONSIDERATION OF A RESOLUTION AND AN ORDINANCE ESTABLISHING A MORATORIUM ON SENIOR HOUSING Attorney ~Dean explained this proposed moratorium would apply to any elderly housing which . would require a Condition Use Permit or a Planned Unit Development. - Garfunkel moved, O'Neill seconded, adopting ORDINANCE NO. 326, "An Ordinance Regarding Development of Elderly Housing Projects as Conditional Uses and Establishing Interim Regulations Pertaining to the Same." Motion passed 3/2. (Councilmembers Stover and McCarty were the dissenting votes.) Garfunkel moved, O'Neill seconded, adopting RESOLUTION NO. 97-108, "A Resolution and Ordinance Establishing a Moratorium on Senior Housing." Motion passed 3/2. (Councilmembers Stover and McCarty were the dissenting votes.) . . . . CITY COUNCIL REGULAR MEETING MINUTES DECEMBER 3, 1997 - PAGE 4 7. ADMINISTRATOR & STAFF REPORTS Staff Report on Development Monitoring City Engineer Brown reported relative to the lakeside watermain extension, several applicants have voiced concerns relative to property issues and have requested the project be put on hold until such time as these issues can be addressed. He explained this project will likely be advertised and bid in the spring. Mayor Dahlberg inquired relative to the Shady Island Bridge. Brown stated bituminous has been applied to the bridge deck and the bridge has been opened to a 14-foot width. He anticipates the bridge will be opened to its full width in the spring. Mayor Dahlberg inquired relative to the Gideons Wood Development. Brown explained telephone calls have been made to Mr. Bruce Newton relative to the storm sewer process. He was also notified screening with the berm and fence was available. Brown noted he has not received any response to his inquiries. Finance Director Rolek reported he has met with a number of residents relative to the Truth in Taxation statements and encouraged any residents with questions relative to their statement to contact him. 8. MAYOR & CITY COUNCIL REPORTS Attorney Dean explained he has received a letter from Mr. Paul Weingarden, the attorney for Eagle Crest, suggesting the Council may want to reconsider their denial of Eagle Crest's request based on his belief the facts do not support the Council's decision and the City would likely lose in litigation of this matter. Attorney Dean was of the opinion the case is defensible. He will make Mr. Weingarden's letter available to the Council for their review. Councilmember O'Neill commented on the preservation of green space in Shorewood and requested this matter be considered in January. He also raised the issue of home occupations and suggested the Planning Commission be directed to review the ordinance and ascertain what other cities are doing in this regard. Mayor Dahlberg noted his agreement. Councilmember Stover commented on new state laws relative to snowmobile regulations and questioned whether those will be sent out to the registered snowmobile owners in Shorewood. Hurm stated this could be done. Councilmember Stover requested the Police Department also receive a copy of the regulations. Councilmember Stover inquired when lighting can be anticipated at the County Road 19/Country Club Road intersection. Brown stated the signal has been scheduled for 1999. Brown has inquired whether the Hennepin County Capital Improvement Program could be amended to allow this work to be completed in 1998. He will contact Hennepin County Commissioner Penny Steele to request her assistance in this matter. Councilmember O'Neill asked that information relative to accidents in this area be obtained from the police department and provided to Commissioner Steele as well. Brown was uncertain how easily this information could be obtained. Councilmember Stover inquired whether there is sufficient space to accommodate a right turn lane to accommodate traffic coming from Smithtown intending to travel to County Road 41. Brown stated this can be addressed as part of a signal justification report. . . . . . .. CITY COUNCIL REGULAR MEETING MINUTES DECEMBER 3, 1997 - PAGE 5 Planning Commissioner Turgeon noted the information relative to a moratorium on senior housing was not made available to the Planning Commission at the meeting in which they recommended a moratorium on senior housing. She asked for direction from the Council relative to what is expected of the Planning Commission relative to this issue. Mayor Dahlberg suggested the Commission focus on instances of Conditional Use Permits and Planned Unit Developments. 11. ADJOURNMENT Stover moved, McCarty seconded adjourning the meeting at 9:30 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: rJ7YA M~HLBERG;-rYOR-- JA