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042798 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, APRIL 27, 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 7:05 p.m. and announced the Council will meet in Executive Session at the conclusion of the regular meeting to discuss pending litigation. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Jim Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen. Review Agenda B. Mayor Dahlberg read the Agenda for April 27, 1998. Administrator Hurm noted Item No. 11, Consideration of a Motion to Adopt a Resolution Regarding Administration of the Wetland Conservation Act, will be stricken from the agenda. In addition, he requested the Council consider as Item No. 11, Consideration of a Motion for an Authorization to Seek Declaratory Judgment on the Liquor Store Issue. O'Neill moved, Garfunkel seconded accepting the agenda as amended. Motion passed 5/0. Councilmember O'Neill suggested offering the public an opportunity to address items on the consent agenda if they wish. C . Presentation of Plaques Mayor Dahlberg expressed his appreciation to Councilmember McCarty for her years of service and also noted there were a number of letters received from various Park Commissioners expressing their appreciation for her service as Council Liaison to the Park Commission. Councilmember Stover presented Councilmember McCarty with a plaque for her years of service and dedication both on the Park Commission and the City Council and expressed her appreciation to her. Councilmember McCarty stated she has enjoyed her time and commented it has been a privilege to work with the various residents who have served on a variety of committees, task forces, and commissions. She expressed her appreciation to City Staff for their hard work and dedication as welL Mayor Dahlberg presented Planning Commissioner Virginia Kolstad with a plaque for her three years of service on the Planning Commission as well as her service on the Snowmobile Task Force. He expressed his appreciation for her dedication and service to the City. CITY COUNCIL REGULAR MEETING MINUTES APRIL 27, 1998 - PAGE 2 2. APPROV AL OF MINUTES . A. City Council Work Session Minutes - April 6, 1998 O'Neill moved, Garfunkel seconded approving the City Council Work Session Minutes for April 6, 1998 as amended on Page 1, Roll Call, delete "Planning Commissioners Lizee and Champa; Park Commissioner Arnst;" Item No.3, Paragraph 3, Sentence 4, change "are of the opinion" to "believe;" Page 2, Paragraph 1, Sentence 1, change to read, "whether Shorewood citizens favor changing the current zoning;" Paragraph 2, change "Council" to read "citizens;" Paragraph 3, add "and may not, therefore, have an opinion." Page 3, Paragraph 4, Sentence 2, add "over the years." Page 7, Item A, Paragraph 1, Sentence 2, change to read, "Lundgren Bros. informed the City Inspector they wanted to wait . .." Add the following sentence: "Councilmember O'Neill did not believe there would be damage to the wetland due to one person cleaning the plastic out of the area by hand." Motion passed 4/0. (Councilmember McCarty abstained.) B. Reconvened Board of Review Minutes - April 13, 1998 Hearing no objection, the Reconvened Board of Review Minutes for April 13, 1998 were approved as presented. C. City Council Regular Meeting Minutes - April 13, 1998 Dahlberg moved, O'Neill seconded approving the City Council Regular Meeting Minutes for April 13, 1998 as amended on Page 9, Item C, Paragraph 3, change "cultural object" to "an influence." Motion passed 5/0. . D. City Council Work Session Minutes - April 20, 1998 Hearing no objection, the City Council Work Session Minutes for April 20, 1998 were approved as presented. 3. CONSENT AGENDA McCarty moved, Stover seconded approving the Motions contained on the Consent Agenda and Adopting the Resolutions therein: A. A Motion adopting RESOLUTION NO. 98-031, "A Resolution Approving a Conditional Use Permit for Minnetonka Country Club, 24575 Smithtown Road" B. A Motion adopting RESOLUTION NO. 98-032, "A Resolution Approving a Preliminary Plat - Mary Lake Addition for O'Dell Tinnesand, Yellowstone Trail" C. A Motion adopting RESOLUTION NO. 98-033, "A Resolution Accepting the Proposal for Professional Engineering Services for Emergency Vehicle Preemption Equipment" D. A Motion adopting RESOLUTION NO. 98-034, "A Resolution Approving a Liquor License for the American Legion" . . . . ,CITY 'COUNCIL REGULAR MEETING MINUTES APRIL 27, 1998 - PAGE 3 E. A Motion Adopting RESOLUTION NO. 98-035, "A Resolution Accepting Plans and Authorizing Advertisement for Bids - Project No. 97-6 Lakeside Watermain Extension" F. A Motion Adopting RESOLUTION NO. 98-036, "A Resolution Authorizing Abatement of Watermain Assessment" Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None 5. PRESENTATION BY BOB GAGNE OF 1997 ANNUAL REPORT OF THE FRIENDS OF THE SOUTHSHORE CENTER Bob Gagne, Friends of the Southshore Center, was in attendance and presented the 1997 annual report of the center. Mr. Gagne stated he was pleasantly surprised with the results of the annual report and he thanked the Council for all of their assistance in the past and in the future. 6 . PARK - Report by Representative A. Report on April 14, 1998 Park Commission Meeting Commissioner Bensman reported on the matters considered and actions taken at the April 14, 1998 meeting of the Park Commission (as detailed in the minutes of that meeting). Commissioner Bensman expressed her appreciation to Councilmember McCarty for her participation with the Park Commission as Council Liaison. B. A Motion Accepting Donation of Electrical Extensions for Cathcart Park and Freeman Park Field #1 to the Backstops McCarty moved, Stover seconded accepting the donation of electrical extensions for Cathcart Park and Freeman Park Field #1 to the backstops. Motion passed 5/0. C. A Motion Authorizing Expenditure of Funds for Netting in Freeman Park, Field #2, to address Foul Ball Problem McCarty moved, Stover seconded authorizing an expenditure in the amount 0 f $2,500 for netting in Freeman Park, Field #2, to address foul ball problem. Motion passed 5/0. D . A Motion Approving a Park Shelter Policy Dahlberg moved, Garfunkel seconded approving the Park Shelter Policy. Motion passed 5/0. 7. PLANNING - Report by Representative Commissioner Champa reported on the matter~considered and actions taken at the April 21, 1998 meeting of the Planning Commission (as detailed in the minutes of that meeting). Commissioner Champa also expressed his appreciation to Councilmember McCarty for her service to the City. . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 27, 1998 - PAGE 4 A. A Motion to Direct Staff to Prepare a Findings Regarding Requests for Setback Variances of Fact Applicant: Location: David Peck 5575 Sylvan Lane Fred Bruning, Sawhorse Designers and Builders, appeared on behalf of Mr. Peck and Ms. Rankin. He provided a diagram depicting the need for an eight foot variance to accommodate the garage addition. Mayor Dahlberg noted that even if the Council were to vacate 16 feet of the right-of-way, a variance would still be required for the garage addition. Councilmember Stover suggested the Council first discuss whether the criteria for granting a variance are met through Mr. Peck's request. Mr. Bruning addressed the criteria for granting a variance. He noted various alternative plans were considered, however, those plans would not be preferable for a variety of reasons. Mr. Bruning stated had the house not been allowed to be built encroaching into the easement, it would not be necessary for the applicants to be requesting a variance at this time. Mr. Bruning felt not allowing a third garage stall on a home of this type to be a significant limitation for this property. He felt it reasonable for a homeowner to improve their home rather than moving to another home to meet their needs. In addition, Mr. Bruning stated the majority of the homes in the immediate area have three car garages. Mayor Dahlberg asked Mr. Bruning to define the hardship he perceives if the garage addition were not to be approved. Mr. Bruning stated the existing garage is only 18 feet deep. He explained if the homeowners are not allowed to proceed with the garage addition, they will be forced to move to a larger home. Councilmember O'Neill pointed out the majority of the existing homes in the neighborhood have two stall garages. The three stall garages are part of new construction homes. He did not feel this to be an argument for a hardship. Mr. Peck felt this level of home should include a third stall in the garage. He stated it is necessary to have the additional space if he is going to invest a significant amount of money into the home at this time. Councilmembers Garfunkel and McCarty felt the issue of vacation of the right-of-way should be considered prior to discussing the request for a variance. Councilmember Stover commented staff would need to review this matter to determine whether the vacated land would go to the adjacent property owners. Nielsen noted this would be reviewed as part of a vacation request. He also pointed out a public hearing would need to be held if a vacation is to be considered. Mayor Dahlberg inquired as to the potential cost involved in vacation of the right-of-way. Nielsen explained public hearing notices would have to be sent. Typically the applicant would pay for this. In addition, title work would have to be completed. Attorney Dean explained the ownership of the area to be vacated would have to be investigated. It would also have to be determined whether there are utilities buried in this portion of the right-of-way. Any costs incurred as a part of a vacation would be at the expense of the applicant. . . . 'CITY'COUNCIL REGULAR MEETING MINUTES APRIL 27, 1998 - PAGE 5 Brown explained there are a number of issues which need to be investigated before a vacation of the right-of-way can be considered. Councilmember O'Neill questioned the location of the existing tennis court. Nielsen explained the tennis court does encroach 30 feet into the required setback area. With respect to the issue of topography, the level area of the site is used up by the house. The applicant would be precluded from building the third garage stall to the east given the location of the tennis court. Nielsen pointed out the criteria in granting variances speaks to the hardship not being created by the owner and this would go back to previous owners. Mr. Peck, therefore, inherits the actions of previous property owners. Councilmember Stover suggested the Council discuss whether or not a variance request is justified at this time. She felt the Council should consider the variance for the second story. Councilmember Stover believed there to be hardship considerations relative to slope and trees which prevent the garage from being built. Mayor Dahlberg noted his agreement stating he is satisfied the garage addition would be a reasonable use of the property. Councilmembers O'Neill and McCarty did not feel a hardship exists. Councilmember O'Neill pointed out this situation was created by a previous owner of the property and would, therefore, not qualify as a hardship. Councilmember Garfunkel noted his agreement with Councilmembers O'Neill and McCarty. Councilmember O'Neill questioned whether Mr. Peck is interested in pursuing a possible right-of- way vacation. Mr. Peck stated he would be interested in presenting a petition. O'Neill moved, Stover seconded directing staff to prepare a Findings of Fact and Resolution granting an eight foot variance on Wild Rose Lane. Granting of the eight foot variance is conditioned upon the applicant depositing with the City an amount to cover the cost in connection with a vacation of an eight foot strip 0 f Wild Rose Lane in front of the applicant's house. The applicant must also provide a waiver and consent to allow the vacation to occur. Any unused portion of the deposit would be returned to the applicant upon the completion of the vacation proceeding. Motion passed 5/0. Mayor Dahlberg recessed the meeting at 8:50 p.m. and reconvened at 8:57 p.m. B . A Motion to Direct Staff to Prepare a Findings of Fact Regarding a Request for a Conditional Use Permit Applicant: Location: Nancy Williams 26270 Smith town Road Mayor Dahlberg felt this type of business would be more consistent with a commercial property. He questioned whether granting Ms. Williams' request would establish a precedent in which a request for a dog boarding business would have to be approved. Attorney Dean commented the request for a dog boarding business could be denied on the basis of noise if the Council were to find this to be a problem. Ms. Williams was in attendance to address any questions raised by the Council. Councilmember O'Neill suggested the applicant display photographs to Council which depict a model of the intended facility. CITY COUNCIL REGULAR MEETING MINUTES APRIL 27, 1998 - PAGE 6 . Mr. Troyak, the current owner of the home, was in attendance. He noted he spoke to the surrounding neighbors relative to this situation and provided them with Ms. Williams' telephone number to address any concerns which they might have. Dick Kunz, Ms. Williams' realtor, was in attendance and described the structure which is intended. Mayor Dahlberg questioned whether there are any inspections of the facility which would occur on a regular basis. Ms. Williams explained there would not be any inspections, however, she pointed out if she does not run a clean and quiet facility, she would be unable to retain customers. It was noted this Conditional Use Permit would be reviewed after one year and every three years thereafter. Nielsen pointed out the Council can impose a condition the permit be reviewed annually. Councilmember Stover commented on the conditions which were requested by the Planning Commission and did not feel it necessary to include a condition relative to deceased cats being stored on the property for in excess of 24 hours. Ms. Williams inquired whether the driveway turnaround is necessary. Mayor Dahlberg and Councilmember Stover felt the driveway to be a necessary safety feature. Stover moved, McCarty seconded directing staff to prepare a Findings of Fact approving a Conditional Use Permit for Nancy Williams, 26270 Smithtown Road, deleting the condition relative to the removal of deceased cats. Motion passed 5/0. C. Report on Antenna Discussion at Joint Meeting and Discussion on Communication Consultant . Nielsen stated this matter has been scheduled for a study session and at that time a list of potential consultants will be reviewed. 8. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE AMENDMENT - CHAPTERS 502 NUISANCES; 701 DOGS; AND 902 PUBLIC PARKS & RECREATIONAL AREAS & ADOPTION OF A RESOLUTION ESTABLISHING A POLICY Councilmember Stover stated it will be important to publicize this ordinance. She noted she is opposed to writing ordinances which cannot be enforced, however, Councilmember Stover related her belief if residents are made aware of a problem, they will comply. McCarty moved, Garfunkel seconded adopting an ordinance amendment - Chapters 502 Nuisances; 701 Dogs; and 902 Public Parks & Recreational Areas. Motion passed 5/0. McCarty moved, Stover seconded adopting RESOLUTION NO. 98-037, "A Resolution Establishing a Policy Regarding Domestic Animals on Public Property or the Property of Another." Motion passed 5/0. . 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING AN APPOINTMENT TO THE CITY COUNCIL EFFECTIVE MAY 1 Councilmember Stover felt Mr. Champa to be a greater asset on the Planning Commission at this time. She felt there to be limited experience on the Commission given the number of new members. Councilmember McCarty noted her agreement that Mr. Champa is an asset to the Planning Commission. . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 27, 1998 - PAGE 7 Councilmember O'Neill noted Mr. Champa's experience will be beneficial to the Council rather than bringing in a new person for an eight month period. He pointed out Mr. Champa is familiar with the issues and has attended most of the recent Council meetings. Councilmember O'Neill stated there are very talented people on the Commission and he has considerable confidence in their abilities. Mayor Dahlberg noted his agreement with Councilmember O'Neill. Councilmember Garfunkel was in favor of appointing Mr. Champa to the Council. O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 98-038, "A Resolution Making an Appointment of Roger Champa to the City Council Effective May 1, 1998." Motion passed 3/0. (Councilmembers Stover and McCarty abstained.) 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE PLANNING COMMISSION EFFECTIVE MAY 1 Mayor Dahlberg noted Mr. Wellens has declined appointment to the Planning Commission. Hurm questioned which vacancy Mr. Anderson will be filling. Councilmember Garfunkel suggested Mr. Anderson fill the vacancy created by Roger Champa which expires December 31, 1999. Councilmember O'Neill stated his belief the Commission should be reduced to five members as opposed to seven. Dahlberg moved, Stover seconded adopting RESOLUTION NO. 98-039, "A Resolution Making the Appointment of Neil Anderson to the Planning Commission Effective May 1, 1998 through December 31, 1999." Motion passed 3/1. (Councilmember O'Neill was the dissenting vote and Councilmember McCarty abstained.) Councilmember O'Neill explained he supported Mr. Anderson throughout the interview process, however, his vote is based on his belief the Planning Commission should be reduced to five members. He noted a number of complaints have been received relative to the length of time it takes for the Planning Commission to work through an issue. Consideration of the appointment of another planning commissioner will be discussed at the upcoming work session presently scheduled for May 4, 1998. 11. CONSIDERATION OF A MOTION FOR AN AUTHORIZATION TO SEEK DECLARATORY JUDGMENT ON THE LIQUOR STORE ISSUE Dahlberg moved, Garfunkel seconded approval of an authorization to seek declaratory judgment on the liquor store issue. Motion passed 5/0. 12. DISCUSSION WITH CITY ATTORNEY ON ADMINISTRATIVE SANCTIONS Attorney Dean provided a packet relative to administrative sanctions. He explained the City of Minnetonka has adopted a "City Court" process and provided information to the Council relative to this. Attorney Dean noted there is some question whether administrative sanctions can work in a non-charter city. . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 27, 1998 - PAGE 8 Mayor Dahlberg explained the Council is considering the possibility of adopting administrative sanctions which would give the City the ability to impose fines for the violations of City ordinances. Attorney Dean explained the charter cities such as Minnetonka establish a group of hearing officers who review the information and the situation and then make a decision. He suggested perhaps a representative of Minnetonka would be interested in discussing this program with the Council. Councilmember O'Neill requested Hurm attempt to arrange this. Mayor Dahlberg stated the objective is to save time and money. He felt administrative sanctions would return more local control in some regards, however, he felt voters should be able to sanction the process. 13. ADMINISTRATOR AND STAFF REPORTS A . Staff Report on Development Monitoring Nielsen reported a list of items which remain to be completed at the Watten Ponds development has been compiled by Mr. Tipka of WSB when he visited the site. He noted there are areas where erosion has begun to fill and top over some of the erosion control fencing. The developer has been instructed to remove the silt from those stockpile locations. This work must be completed by May 5th in view of the fact road restrictions are currently in effect and some of the work requires larger equipment. Mr. Tipka also recommended the stockpile on Lot 2, Block 1, be regraded to create a more gradual slope. This work must also be completed by May 5th. In addition, there are areas in which the right-of-way needs to be regraded and sodded in by the developer. May 5th would also be the proposed deadline for this work. Curb repair needs to be completed on an adjoining lot prior to the wear course being completed on the asphalt. The wetland mitigation must be completed in accordance with the plan which was submitted to the Watershed District. The city sewer must be televised at some point in the future and a report made back to the City. Nielsen explained this would normally be completed at the end of the warranty period. The bituminous wear course must be installed in this construction season. The developer has been given five days in which to install a stop sign on Eureka Road. In addition, street signs are needed, however, these will have to be ordered. Nielsen also reported a retaining wall has been built too close to the back of the curb and Engineer Brown has recommended three weeks in which the developer must correct this situation. There are also some areas where tree protection fencing needs some repair. In one area, a tree has fallen over the tree protection fence and the developer has been directed to remove the tree and repair the fencing. Rip rap needs to be added to the pond outlet and the developer has been given three weeks to complete this work. With respect to the construction sites, on one site in particular, the developer fIlled in around some trees and moved fencing. The dirt has been pulled away from the trees in question. In addition, trees which are attempting to be saved have been marked, however, they are not necessarily a part of the tree protection plan. . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 27, 1998 - PAGE 9 There is erosion control fencing which needs to be repaired on the west side of the driveway serving Lots 6 and 7. This work is to be completed by May 5th as well. Brown reported he has been in contact with the Watershed District to inquire relative to the status of the wetland restoration issue. No reply was received. Brown spoke with a representative of the Watershed District and was told the wetland restoration could occur during the month of April and still have a very successful rate at wetland vegetation being established. Brown stated at this point the engineer is contesting the elevation is any different than it was prior to the installation of sanitary sewer. The neighborhood has raised a concern relative to elevation specifically in this area, noting the elevation is higher now. In discussing this issue with the Watershed District, Brown requested a registered professional engineer or registered land surveyor provide the Watershed District and the City with documents depicting survey shots before and after the installation of the sanitary sewer. Both Engineer Brown and Planning Director Nielsen are of the opinion the area is higher now than it was originally. Nielsen reported some work was completed on the north end of the channel out of Christmas Lake. A property owner has done some work along the shoreline. This area has been visited and it appears some dead trees were removed, however, it was felt brush was removed in excess of what the ordinance allows. A notice will be sent to the property owner relative to this. Brown noted the Council had requested staff investigate the cost of installing a light on Glen Road. An estimate was received from NSP. Installing a light fixture on the existing pole would cost approximately $821. Installation of a wooden pole with an overhead wire across County Road 19 would cost approximately $1,452. Installation of a decorative fiberglass 30-foot pole with a carriage style light could cost as much as $2,187. Brown requested Council direction noting under the current policy the petitioners would be obligated to pay the installation costs and the City would then pay for the perpetual electrical use of that light. Councilmember Garfunkel stated the neighborhood should be made aware of the costs and make a decision from there. Brown stated Mr. Dresser has been made aware of the costs and a letter will be sent to each of the residents concerned outlining the costs. Brown also reported on the Glen Road/Gideon Woods drainage situation. He explained a meeting has been scheduled for Wednesday to walk the site with a representative of Hennepin County and obtain an answer from them. With respect to Wiltsey Lane, a feasibility report for improving this roadway from gravel to bituminous is being prepared. WSB will submit a proposal on this and a letter will be sent to the petitioners letting them know this process is proceeding and they can expect to see WSB completing some preliminary survey work in the area. Brown noted the beavers have been active at Christmas Lake. He explained an entire culvert, consisting of 200 feet, was plugged with mud and wood. The outlet has been opened and the water level has dropped significantly. B. Report on Shoreline Messages Received Hurm reported a call was received from a resident relative to Strawberry Lane requesting a wider road or perhaps an improved shoulder to provide safety for children walking in the area. . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 27, 1998 - PAGE 10 A called was received from a resident on Tiffany Lane relative to pesticides and insecticides which are used by Lauren Companies. Brown noted the resident had contracted with this particular company and their dog became ill when he came into contact with the pesticide. The resident questioned whether the City requires posting of pesticides and insecticides by ordinance. Brown pointed out this is covered by state law. C. Report on Upcoming League Conference Hurm reminded the Council the League of Minnesota Cities Annual Conference is scheduled for June 16 through 19, 1998. 14. MAYOR & CITY COUNCIL REPORTS Review South Lake Minnetonka Public Safety Department 1997 Audit Report Hurm explained the report is very good and has been accepted by the Coordinating Committee. A five year capital improvement program has been included for the police department. Mayor Dahlberg reported he, along with Councilmember O'Neill, attended the Arbor Day celebration on Saturday in Manor Park along with Jim Hurm, Dan Puzak and several residents. Councilmember McCarty expressed her appreciation to Councilmember Stover for her help and support over the years. Mayor Dahlberg requested staff provide him with information relative to the number of CUPs. in existence in Shorewood as well as how often these permits are reviewed. 15. ADJOURNMENT McCarty moved, Garfunkel seconded adjourning the regular meeting to executive session at 10:21 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ~~. ES c. HURM, CITY ADMINISTRATOR