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032398 CC Reg Min . . . '. ;. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, MARCH 23, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:04 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Planning Director Nielsen Councilmember McCarty Review Agenda Absent: B. Mayor Dahlberg read the Agenda for March 23, 1998. The agenda was approved as presented. 2 . APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes - February 25, 1998 Dahlberg moved, O'Neill seconded approving the City Council Work Session Meeting Minutes of February 25, 1998, as amended on Page 3, Paragraph 4, Sentence 4, change to read, "the additional cost over a period of time was marginal. " Motion passed 3/0. B. City Council Joint Work Session Minutes - March 2, 1998 Dahlberg moved, O'Neill seconded approving the City Council Joint Work Session Minutes of March 2, 1998, as amended on Page 1, note Councilmember McCarty was absent; Page 2, Paragraph 3, Sentence 3, change to read, "product research is about features"; Page 6, Question No. 38, Paragraph 4, change to read, "that if support of the trail is a function of proximity, it could imply additional branches"; Page 7, Paragraph 7, Sentence 1, change to read, "contemporary product research methods which would be faster and more efficient. " Motion passed 3/0. C . City Council Work Session Minutes - March 7, 1998 Dahlberg moved, O'Neill seconded approving the City Council Work Session Minutes of March 7, 1998, as amended on Page 1, Item 2, Paragraph 7, Sentence 1, change to read, "effective NURP ponds," and Sentence 2, change to read, "there are water quality alternatives which should be investigated"; Page 2, Paragraph 1, Sentence 3, change to read, "this might be an expensive approach." Motion passed 3/0. CITY COUNCIL REGULAR MEETING MINUTES MARCH 23, 1998 - PAGE 2 . D. City Council Regular Meeting Minutes - March 9, 1998 Dahlberg moved, Garfunkel seconded approving the City Council Regular Meeting Minutes of March 9, 1998 as submitted. Motion passed 3/0. (Councilmember Stover arrived at 7: 10 p.m.) 3. CONSENT AGENDA Garfunkel moved, O'Neill seconded approving the Motion on the Consent Agenda and adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 98-022, "A Resolution Approving a Biennial Gambling License for American Legion Post #259 B . A Motion to Approve an Extension of a Deadline for Recording a Subdivision Applicant: Charles Oberg Location: Christmas Lake Point Properties C. A Motion to Adopt RESOLUTION NO. 98-023, "A Resolution Approving a Temporary Gambling License for the Southshore Center, 5735 Country Club Road" Applicant: Southshore Center Location: 5735 Country Club Road . Motion passed 4/0. 4. MATTERS FROM THE FLOOR - None 5. PARKS Report on March 17 Park Commission Meeting Administrator Hurm reported on the March 17, 1998, meeting of the Park Commission (as detailed in the minutes of that meeting). 6. PLANNING - Report by Representative Planning Director Nielsen reported on the March 17, 1998, 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 Shorewood Nursery Renovation Applicant: Brian Pipkorn, Akorn Services, Inc. Location: 23505 Smithtown Road . Dennis Pipkorn was in attendance and addressed the issue of the proposed fence. He requested the Council approve the alternative to Item 2.f. of the proposed resolution relative to the fence. Councilmember O'Neill pointed out the reason the Planning Commission raised the issue of the fence was to screen the materials which are being stored on the property. It was pointed out the proposed fence will not actually screen the materials being stored. CITY COUNCIL REGULAR MEETING MINUTES MARCH 23, 1998 - PAGE 3 . Councilmember Garfunkel expressed concern if the fence is not made a requirement at this time and the property is ultimately sold, the City would not have the ability to require the new property owner to install a fence. In addition, if the building were removed, there would be no mechanism which would require the addition of a fence. Attorney Dean suggested requiring the applicant be continuously responsible for screening the storage materials from the adjoining properties as required by the ordinance. Councilmember Stover inquired whether this provision will encompass County Road 19 as well as commercial and residential properties. In addition, Mr. Pipkorn expressed concern relative to screening materials from County Road 19. Nielsen explained there would be approximately 10 feet which needs to be fenced. Mr. Pipkorn felt this provision would be acceptable. Nielsen suggested the following wording for Item 2.f. "The applicant shall be responsible for screening the storage of outdoor building materials as needed from adjoining properties, including public right-of-way, as required by City Code. Building materials shall be stacked no higher than six feet." O'Neill moved, Stover seconded adopting RESOLUTION NO. 98-024, "A Resolution Approving a Conditional Use Permit for Shorewood Nursery Renovation for Brian Pipkorn, Akorn Services, Inc., 23505 Smithtown Road as amended to reflect: "The applicant shall be responsible for screening the storage of outdoor building materials as needed from adjoining properties, including public right-of-way, as required by City Code." Motion passed 4/0. . B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit Applicant: Minnetonka Country Club Location: 24575 Smithtown Road Dahlberg moved, Stover seconded directing staff to prepare a Findings of Fact Approving a Conditional Use Permit for the Minnetonka Country Club, 24575 Smithtown Road. Motion passed 4/0. C. A Motion Directing Staff to Prepare a Resolution Approving a Preliminary Plat - Mary Lake Addition Applicant: O'Dell Tinnesand Location: Yellowstone Trail Stover moved, Garfunkel seconded directing staff to prepare a Resolution approving the preliminary plat - Mary Lake Addition for O'Dell Tinnesand, Yellowstone Trail. Motion passed 4/0. D. A Motion to Approve a Sign Permit Applicant: A LaPointe Sign Co. (on behalf of Nail Gallery) Location: Waterford Shopping Center Planning Director Nielsen explained there are several sign violations which need to be corrected by the management company for the center prior to this sign being erected. . . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 23, 1998 - PAGE 4 Councilmember O'Neill reported he and Mayor Dahlberg have received complaints relative to sign lighting at this site. Nielsen explained one issue is the lighting of the signs. In reviewing the Development Agreement and the Conditional Use Permit for the Waterford signage plan, there are no provisions requiring the signs be turned off at night. Nielsen explained the lighting at the Holiday station is to be off at 11:00 p.m. with the exception of the inside most pump island. At midnight, the lights are to be shut down entirely. He further explained the police department has done some spot checking of this and found the station to be in compliance. Nielsen further explained there is security lighting in the rear of the building which is downcast. Councilmember O'Neill commented he received a complaint the night security flood lights at the Holiday station are shining across the highway and into neighborhood homes. Nielsen stated he will investigate this. O'Neill moved, Garfunkel seconded approving a sign permit for A LaPointe Sign Co., on behalf of Nail Gallery, at the Waterford Shopping Center, subject to the sign violations at the Center being corrected prior to installation of the new sign. Motion passed 4/0. 7. CONSIDERA TION OF A REQUEST TO WAIVE PENALTY FEES A letter was received from Mr. Paul Eidsness requesting the penalty charges which were incurred on utility charges paid after the due date be waived. In his letter, Mr. Eidsness explained the property was rented and the penalty charge was incurred because the renter did not pay his utility bill on time. Councilmembers Garfunkel and O'Neill were opposed to waiving the penalty fees. Councilmember O'Neill stated the property owner is in the business of renting the property and this is an expense of operating a rental property. He stated a landlord would generally be holding a security deposit from the tenant to cover the costs of such expenses. Mayor Dahlberg explained his understanding Mr. Eidsness had an agreement with the renter that this situation would be resolved and the renter then did not follow through. He did not feel this was a lack of management on the part of Mr. Eidsness. Given the fact Mr. Eidsness has not made a request of this nature to the City in the past, Mayor Dahlberg was in favor of waiving the penalty fees. Councilmember Stover noted the dollar figure is not large, however, the issue is that of consistency in application. Garfunkel moved, O'Neill seconded denying the request to waive the penalty fees for Paul Eidsness. Motion passed 4/0. 8. CONSIDERATION OF A REQUEST FOR SHOREWOOD TO JOIN THE EXCELSIOR AREA CHAMBER OF COMMERCE Councilmember Stover stated she could see no benefit to the City as a whole to join the Excelsior Area Chamber of Commerce. She noted the City already supports various Excelsior community events such as the annual Fourth of July fireworks. Councilmember O'Neill felt the health of Excelsior and Excelsior businesses does have an impact on the City of Shorewood. Mayor Dahlberg was unsure whether it is beneficial to utilize taxpayer funds to be a member of the Excelsior Chamber of Commerce. CITY COUNCIL REGULAR MEETING MINUTES MARCH 23, 1998 - PAGE 5 . Councilmember Stover questioned whether other area cities have joined the Excelsior Chamber of Commerce. Hurm will investigate this matter. Councilmember O'Neill suggested tabling this issue for two weeks to gather additional information prior to making a decision. Councilmember Stover noted the membership fees to be $145 and pointed out it will be necessary for a representative of Shorewood to attend the meetings of the chamber on a regular basis. Administrator Hurm will obtain additional information and report back to the Council. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ESTABLISHING AN AD HOC COMMITTEE ON LAND CONSERVATION Mayor Dahlberg explained the Council has been interested in the green space issue and in preserving open, natural areas. He stated the job of this committee will be to investigate all of the various financial tools by which the City and residents, working together, can preserve undeveloped, open, natural areas in a fashion which offers some type of financial return to the property owner. Councilmember O'Neill noted the Council has discussed several ways of acquiring green space. He pointed out the City would not necessarily own these areas of green space. They could be individually owned or donated to various charitable organizations. The committee will consist of three members. The Council has asked Dean Riesen, a Shorewood resident and expert on this particular subject, to chair the committee. . O'Neill moved, Garfunkel seconded, adopting RESOLUTION NO. 98-025, "A Resolution Establishing an Ad Hoc Committee on Land Conservation." Councilmember Stover pointed out grammatical changes need to be made to Items B and D of the section entitled "Land Conservation Tools." It was agreed, in Item B, to replace "set aside" with "set-aside" and, in Item D, change to read, "Assist a non-profit land conservation group "to" become established . . ." O'Neill moved, Garfunkel seconded, adopting RESOLUTION NO. 98-025, "A Resolution Establishing an Ad Hoc Committee on Land Conservation," as amended to reflect in Item B, "set-aside," and Item D reworded to reflect "to become established." Motion passed 4/0. Councilmember Stover felt residents should be notified in any way possible of the opportunity to serve on this committee. 10. ADMINISTRATOR AND STAFF REPORTS Staff Report on Development Monitoring Planning Director Nielsen reported on the Marsh Pointe development and a complaint which was received relative to the installation of stop signs. The developer has been directed to resolve this situation. . . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 23, 1998 - PAGE 6 A complaint has also been received relative to the lighting of the model home as well as the entry monument sign on this development. The developer has dimmed the lighting and the interior lights of the model home have been turned off by 11 :00 p.m. With respect to the yard lighting which illuminates the signage of the development, Nielsen reported it is brighter than is allowed and a notice has been sent to the developer instructing him to correct this situation. With respect to the Watten Ponds Development, a building permit was recently rejected due to the tree preservation plan not complying with the City's policy. Follow up is also being undertaken with the prosecuting attorney relative to the violations on Lot 7 where the excavating contractor had violated City policy. Administrator Hurm reported the Planning Commission has requested the joint session be moved to either the April 14th or April 21 st. It was decided to schedule this meeting for April 14th at 7:00 p.m. at the Southshore Center. Hurm also provided a copy of a draft letter to be sent to the residents along Strawberry Lane noticing an open forum or informational meeting to be held relative to improvements which are anticipated for Strawberry Lane. This letter will be sent to residents within 600 feet on either side of Strawberry Lane. In addition, an article will also be included in the newsletter. There were no objections to the proposed letter. 11. MAYOR & CITY COUNCIL REPORTS Councilmember Garfunkel thanked the seniors for the breakfast which was held on Saturday. Councilmember O'Neill stated he was very impressed with the volunteers who gave their time. Mayor Dahlberg noted his agreement. Councilmember Stover inquired relative to the work session which was held regarding the issue of wetlands. She asked whether the DNR and the Watershed District will be included. Councilmember Garfunkel explained this was simply an informational meeting relative to wetlands. He noted Mr. Svoboda has volunteered to make himself available as questions arise. Councilmember Stover suggested rather than having additional work session meetings, that the Council combine two meetings with a larger time commitment. She suggested meetings such as the wetland information meeting follow a Council meeting so that it can be televised for the information of everyone. Councilmember Stover suggested it may be more expeditious to add some of the items to the regular Council agenda. She noted some of the work sessions have lasted approximately one hour and items which are less time consuming could be discussed as a part of the regular agenda. Councilrnember O'Neill stated he will support the addition of various issues for discussion and consideration on the regular agenda. . . . o. . CITY COUNCIL REGULAR MEETING MINUTES MARCH 23, 1998 - PAGE 7 12. ADJOURNMENT Garfunkel moved, O'Neill seconded adjourning the meeting at 8:43 p.m. subject to the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: