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012698 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, JANUARY 26, 1998 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 McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Engineer Brown; Planning Director Nielsen Councilmember Stover Absent: B. Review Agenda Mayor Dahlberg read the Agenda for January 26, 1998. He requested under Item D that action be taken only with respect to the City Council Priorities for 1998 and the Review and Acceptance of the Statement of Purpose, Statement of Goals and Statement of City Values be discussed at the next work session meeting. The agenda was then approved as amended. C . Presentation of Plaques to Commission Members Mayor Dahlberg announced plaques will be presented to Planning Commissioner Pisula for five years of service on the Commission and to Planning Commissioner Foust for four years of service on the Commission. He expressed his appreciation to Commissioners Pisula and Foust for their contributions to the City. D. City Council Review and Acceptance of Statement of Purpose, Statement of Goals, Statement of City Values and City Council Priorities for 1998 McCarty moved, O'Neill seconded accepting the City Council Priorities for 1998. Motion passed 4/0. 2 . APPROVAL OF MINUTES A. City Council Executive Session Meeting Minutes - January 12, 1998 Dahlberg moved, Garfunkel seconded approving the City Council Executive Session Meeting Minutes for January 12, 1998, as submitted. Motion passed 3/0. (Councilmember O'Neill abstained.) B. City Council Regular Meeting Minutes - January 12, 1998 Garfunkel moved, McCarty seconded approving the City Council Regular Meeting Minutes for January 12, 1998, as submitted. Motion passed 3/0. (Councilmember O'Neill abstained.) CITY COUNCIL REGULAR MEETING MINUTES JANUARY 26, 1998 - PAGE 2 3. CONSENT AGENDA . McCarty moved, O'Neill seconded approving the Motions on the Consent Agenda and adopting the Resolution therein: A. A Motion to Approve Change Order No. 2 for Project No. 95-19 Shady Island Bridge B. A Motion Adopting RESOLUTION NO. 98-007. "A Resolution Modifying the Protective Covenants for Marsh Pointe for Lundgren Brothers, Marsh Pointe" Motion passed 4/0. 4. MATTERS FROM THE FLOOR - None 5 . PARK - Report by Representative A. Report by Commissioner Dan Puzak on January 13, 1998 Park Commission Meeting . Commissioner Puzak reported on the matters considered and actions taken by the Park Commission at their meeting of January 13, 1998 (as detailed in the minutes of that meeting). B . A Resolution Making Appointments to the Park Commission for 1998 Dahlberg moved, McCarty seconded, adopting RESOLUTION NO. 98-008, "A Resolution Making Appointments to the Park Commission for 1998." Motion passed 4/0. 6. PLANNING - Report by Representative Commissioner Borkon reported the work session of the Planning Commission which was scheduled for January 20, 1998, was canceled and will be rescheduled. The issues of wetlands and communications facilities will be discussed. Commissioner Borkon reported on each of the agenda items before the Council for their consideration (as detailed in the minutes of prior meetings of the Planning Commission). A. A Motion Directing Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Shorewood Nursery Renovation Applicant: Brian Pipkorn, Akorn Services, Inc. Location: 23505 Smithtown Road Councilmember O'Neill noted his agreement with the Planning Commission that both entrance and exit points be on County Road 19. Planning Director Nielsen stated the County is responsible for issuing a permit in this regard. The County has indicated their preference would be to have one driveway on County Road 19, even if it were to be made somewhat wider. The County also indicated if the City feels strongly there should be two entrances in this area, they would probably support that recommendation. . . . . CITY COUNCIL REGULAR MEETING MINUTES JANUARY 26, 1998 - PAGE 3 Dennis Pipkorn was in attendance along with Brian Pipkorn and William Asp. Mr. Pipkorn stated he would prefer two access points off of County Road 19 rather than one access from County Road 19 and the other from Wood Duck Circle. Engineer Brown expressed concern relative to increased commercial traffic on Wood Duck Circle. Mr. Pipkorn felt this issue had been addressed by changing the exit onto Wood Duck Circle. The exit was narrowed and has a sharper turn. Mr. Pipkorn did not feel large trucks would be able to maneuver this exit. Engineer Brown was concerned there may be drivers who would attempt to utilize this exit. In addition, he expressed concern a subsequent owner may not have the same intentions as the applicant relative to the operation of a commercial facility on this site. Commissioner Borkon noted the feeling of the Commission that it would be best for the Council to send a strong recommendation to the County to keep the two access points on County Road 19 and close the Wood Duck Circle access. This also reflects the compromise which was reached between the Planning Commission and the Shorewood Nursery. O'Neill moved, Garfunkel seconded directing staff to prepare Findings of Fact Approving a Conditional Use Permit for Shorewood Nursery Renovation for Brian Pipkorn, Akorn Services, Inc., 23505 Smithtown Road. Motion passed 4/0. B . A Motion to Adopt a Resolution Approving a Conditional Use Permit for Bank Facility with Drive- Thru Applicant: Location: Bayside Financial Corporation 23780 State Highway 7 O'Neill moved, McCarty seconded adopting RESOLUTION NO. 98-009, "A Resolution Approving a Conditional Use Permit for Bank Facility with Drive- Thru for Bayside Financial Corporation, 23780 State Highway 7." Motion passed 4/0. C. A Motion to Adopt a Resolution Approving the Final Plan of Water's Edge P.U.D. Applicant: Location: Bill Blegens 20295 Manor Road Nielsen explained there are two issues on the final plan which should be noted and reviewed. He stated the applicant is proposing private wells in this development. He felt this to be consistent with the direction of the Council relative to the issue of water. Nielsen explained the applicant proposes some minor grading into the conservation easement. This grading is supported by staff, however, he recommended this matter be referred back to the Planning Commission for their review. The consensus of the Council was to refer this matter back to the Planning Commission for their review. , . CITY COUNCIL REGULAR MEETING MINUTES JANUARY 26, 1998 - PAGE 4 . A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Special Home Occupation Applicant: James Bruce Location: 5755 Merry Lane O'Neill moved, McCarty seconded directing staff to prepare Findings of Fact regarding a Conditional Use Permit for Special Home Occupation for James Bruce, 5755 Merry Lane. Motion passed 4/0. D. Mr. Bruce was in attendance and Nielsen explained this matter will come before the Council on February 9, 1998, for final approval as a resolution. 7. CONSIDERA TION OF MOTIONS REGARDING ANIMAL CONTROL SERVICES A . A Motion to Approve a Contract with City of Orono for Animal Control Services McCarty moved, O'Neill seconded approving a Contract with the City of Orono for Animal Control Services. Motion passed 4/0. B . A Motion to Approve a Contract with Paws, Claws and Hooves for Animal Boarding Services Garfunkel moved, O'Neill seconded approving a contract with Paws, Claws and . Hooves for Animal Boarding Services. Motion passed 4/0. 8. ADMINISTRATOR AND STAFF REPORTS A . Staff Report on Development Monitoring Nielsen reported inquiry will be made of the Watershed District as to whether the restoration of the north end of the wetland area has been completed according to their specifications. B. Planner's Report on Agreement with Northwest Associates for Housing Study Services Nielsen reported approximately 16 communities have joined together to apply for a planning grant to complete a housing prof1le for the lake area. The grant has been obtained and a consultant has been hired to complete a subregional prof11e including demographics, household characteristics and employment, identification of housing issues and evaluation of the need for various types of housing in the lake area. mtimately an action plan will be established to include programs and activities which various cities could choose from in implementing their own specific housing plans. It is anticipated this work will be completed by mid to late March. 9. MAYOR AND CITY COUNCIL REPORTS Councilmember O'Neill raised the issue of green space and inquired as to the status of this issue. Administrator Hurm stated he will be meeting with the financial consultant who will provide background materials on various programs which may be of interest to the City. . . . . . . CITY COUNCIL REGULAR MEETING MINUTES JANUARY 26, 1998 - PAGE 5 Attorney Dean stated that relative to the issue of green space, the City would have to have some ownership type interest in a property whether it is an easement, right of use, or fee title. Without that type of interest, public funds could not be expended for an activity. He felt a public interest which would give rise to the expenditure of the funds could be relatively minor in nature and fleeting in time. The property could be acquired and then reconveyed. A. Consideration of moving City Council Meeting and Work Session Starting Times from 7:30 p.m. to 7:00 p.m. Councilmember O'Neill was in favor of moving the start time of City Council Meetings and Work Sessions to 7:00 p.m. Mayor Dahlberg felt this would be a positive change in that anyone wishing to address the Council during Matters from the Floor would be able to do so at an earlier time. O'Neill moved, McCarty seconded, adopting RESOLUTION NO. 98-010, "A Resolution Moving the City Council Meeting and Work Session Starting Times from 7:30 p.m. to 7:00 p.m." Motion passed 4/0. B . Concurrence on City Council Work Session Dates . February through June It was agreed the work session currently scheduled for February 24, 1998, will be changed to February 25, 1998. The consensus of the Council was to accept the calendar of Work Session dates for the months of February through June as amended. 11. ADJOURNMENT Garfunkel moved, O'Neill seconded adjourning the meeting at 8:29 p.m. subject to the approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Cheryl Wall at, Recording Secretary TimeSaver Off Site Secretarial, Inc., Inc. ATTEST: ~/;