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092898 CC Reg Min . . . ..'" "" CITY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, SEPTEMBER 28, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1 . CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:01p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen. . B . Review Agenda Stover made a motion to move the study session discussion item to IIA of the Council agenda. Hearing no second Mayor Dahlberg read the Agenda for September 28, 1998. The agenda was accepted as presented. 2.~ APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - September 14, 1998 O'Neill moved, Stover seconded approving the City Council Regular Meeting Minutes of September 14, 1998, as amended on Page 4, Paragraph 2, Sentence 1, change "work was not" to "work has not." Page 6, Paragraph 1, Sentence 1, to read, "he would not want to be in a position where the City would be forced into approving such..." The motion passed 5/0. B. City Council Work Session Meeting Minutes - September 14, 1998 O'Neill moved, Champa seconded approving the City Council Work Session Meeting Minutes of September 14, 1998 as presented. The motion passed 5/0. 3 . CONSENT AGENDA Stover moved, Garfunkel seconded approving the Motions contained on the Consent Agenda and Adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 98-088, "A Resolution Rejecting all Bids and Authorizing Readvertisement for Bids" B . A Motion to Authorize the Mayor and City Administrator to Enter Into an Agreement for the Use of Public' Right-of-Way C. A Motion Adopting ORDINANCE NO. 342, "An Ordinance Amending the Shorewood Zoning Code to Include Adult Use Establishments" D . A Motion Authorizing Execution of a Subordination Agreement Applicant: 25170 Yellowstone Trail E. A Motion Adopting RESOLUTION NO. 98-090 "A Resolution Accepting the Shady Island Bridge and Authorizing Final Payment" CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 28, 1998 - PAGE 2 . A Motion Approving a Temporary Sign Permit Applicant: Minnesota Ministorage Location: State Highway 7 G. A Motion Adopting RESOLUTION NO. 98-091 "A Resolution Approving a Simple Subdivision" Applicant: Tom and Karen Londo Location: 22695 Murray Street F. Motion passed 5/0. 4 . MA TTERS FROM THE FLOOR Chris Lizee, 27055 Smithtown Road, voiced her concern regarding the item up for discussion at the workshop meeting. She stated that the item should be discussed at a public meeting to keep the residents informed, due to the tax implications that this issue has. Mayor Dahlberg stated that the meeting could be taped if she would like to view it at a later time. O'Neill stated that there will be a public hearing in October for comments and concerns. He informed her that the work session meeting was for discussion purposes among the Councilmembers. 5. PRESENTATION BY LAKE MINNETONKA COMMUNICATIONS COMMISSION DIRECTOR THIES ON PROPOSED 1999 BUDGET . Ms. Thies was not present to address the Council. Garfunkel stated that he was present at a meeting regarding the LMCC and informed the Council of the 1999 budget. He stated that the proposed budget was agreed upon at this meeting and now awaits City approval. Garfunkel moved, O'Neill seconded approving the 1999 LMCC Proposed Budget. Motion passed 5/0. 6 . REPORT AND ACTION WHICH MAY BE REQUIRED REGARDING CONCERNS OF MR. LAURILA AND MS. FOSTER FOR BURNING HOUSE FOR FIRE DEPARTMENT TRAINING PROCESS Mayor Dahlberg asked for a report from staff regarding this matter. Administrator Hurm stated that he contacted several people within Shorewood with horse permits. He stated that these people were extremely helpful and offered their land for boarding Ms. Foster's horses, but that she is concerned with the land and fencing at these sites. Mr. Laurila thanked the Council and staff for communicating with them regarding this issue. He stated that he contacted the people Administrator Hurm spoke with. Both sites that the horses could be boarded at were inadequate due to the poor fencing and vegetation. He informed them that the insurance that they carry on the horses would not provide a waiver under such conditions. He stated that he is also concerned about the loss of trees on his property. He provided the Council with pictures of his property line and the trees located within the vicinity. He stated that he and Ms. Foster were very concerned about the burn of the house and the impact it would have on their land. . Mayor Dahlberg asked if there was a compromise to this situation that could be reached with the fire department and the neighbors. He suggested that a partial bum be conducted on the property CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 28, 1998 - PAGE 3 . and that the building then be demolished. Fire Marshal Anding stated that this could be an option, but that the original terms of the agreement state a full bum. A discussion was held as to the benefits of a full and partial burn to the volunteer fire department and the liability at stake. Fire Marshal Anding stated that with a partial bum the structure is vulnerable to rekindling, and that with a total burn this would not be the case. It was noted that the Herman's would be responsible for the building demolition if a partial bum was concluded. Champa stated that to meet a compromise that all are in favor of, the bum may need to be post- poned until November. He concluded that this would allow Ms. Foster time to find adequate boarding for the horses and the vegetation would be dormant. Champa moved, Garfunkel seconded to post-pone the total burn to colder weather before December 1, 1998 and that the horse details be worked out between the Herman's and Ms. Foster, conditioned on amending the Indemnity Agreement with the City of Excelsior. Motion passed 5/0. 7 . PARKS - Report by Representative A. Report on Joint Work Session with Council on ParkITrail Report There was no Park Commission member present to give a report. Administrator Hurm reviewed the 10 step process developed for the trail planning process. B. A Motion to Adopt a Statement of Commitment to the Trail Planning Process . Stover moved, Champa seconded adopting a Statement of Commitment to the Trail Planning Process. Motion passed 5/0. 8 . PLANNING - Report by Representative Planning Commission Chair Borkon reported on the matters considered and the actions taken by the Planning Commission at their September 16, 1998, meeting (as detailed in the minutes of that meeting). A. A Motion to Adopt a Resolution Approving a Final Plat and Authorizing Mayor and City Clerk to Execute a Development Agreement - Christmas Shores Applicant: Keith Waters Location: Between Merry Lane and Christmas Lake Road Chair Borkon stated that the Planning Commission is in favor of this development and stated that their only concerns were in regard to the dock lengths and ingress/egress to this development. She stated that City Engineer Brown provided a solution for the ingress/egress to the development and the developer agrees to the dock length terms. Mayor Dahlberg recessed the meeting at 8:52 p.m. and reconvened at 9:01 p.m. . . . . CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 28, 1998 - PAGE 4 Planning Director Nielsen reviewed this item in greater detail, stating that there was an additional language change in the agreement and explained the reasoning. He stated that the applicant has complied with all conditions that the City and Planning Commission has asked for. He recommended approval with the Planning Commission conditions. O'Neill moved, Stover seconded adopting RESOLUTION NO. 98-092, "A Resolution Approving a Final Plat and Authorizing Mayor and City Clerk to Execute a Development Agreement - Christmas Shores for Keith Waters, between Merry Lane and Christmas Lake Road, subject to the Planner's Recommendations." Motion passed 5/0. B . A Motion to Adopt a Resolution Approving a Conditional Use Permit for a Special Home Occupation Permit Applicant: Jeffrey Hatcher Location: 5935 Galpin Lake Road Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-093, "A Resolution Approving a Conditional Use Permit for a Special Home Occupation Permit." Motion passed 5/0. C. A Motion to Adopt an Amendment to the Zoning Code Pertaining to Home Occupations O'Neill moved, Champa seconded adopting ORDINANCE NO. 343, "An Ordinance Amending the Zoning Code Pertaining to Home Occupation." Motion passed 5/0. D. A Motion to Adopt a Resolution Approving a Final Plat and Authorizing Mayor and City Clerk to Execute a Development Agreement - Mary Lake Addition Applicant: Judy Gleason Location: 5910 Minnetonka Drive Garfunkel moved, Stover seconded adopting RESOLUTION NO. 98-094, "A Resolution Approving Final Plat and Authorizing Mayor and City Clerk to Execute a Development Agreement - Mary Lake Addition - Judy Gleason, 5910 Minnetonka Drive." Motion passed 5/0. 9. CONSIDERATION OF A MOTION AUTHORIZING THE SUBMITTAL OF A REGIONAL TRAIL WINTER USE PERMIT Administrator Hurm reviewed the uses that were allowed on the trails from the previous year. Stover stated that she would like to see the use of snowmobiles removed from the trails. Mayor Dahlberg stated that the snowmobiles are highly regulated and that the City has a good record for safety. O'Neill moved, Champa seconded Authorizing the Submittal of a Regional Trail Winter Use Permit. Motion passed 5/0. . . . , . " CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 28, 1998 - PAGE 5 10. CONSIDERA TION OF A RESOLUTION APPROVING PLANS FOR HIGHWAY 7 IMPROVEMENTS City Engineer Brown reviewed this issue with the Council. He explained that the improvements would turn Highway 7 into a "super-tube" consisting of a single lane each way with full ten foot shoulders and center turn lanes. City Engineer Brown stated that MnDOT asked that the City sign a resolution for approval of the Highway 7 improvements. Garfunkel moved, O'Neill seconded adopting RESOLUTION NO. 98-095, "A Resolution Approving Plans for Highway 7 Improvements." Motion passed 5/0. 11. CONSIDERA TION OF A MOTION TO ADOPT AN ORDINANCE ESTABLISHING A FEE FOR TOPOGRAPHICAL INFORMATION Mayor Dahlberg stated that he was concerned about this issue and that he would like the definition of chargeable items to be more clear. City Attorney Dean stated that a fee schedule is covered under State Statute Section 13.03 Sub. 3. He reviewed the statute with the Council and it's meaning for the proposed fees for the City. Mayor Dahlberg stated that this State Statute defined and answered his questions. O'Neill moved, Stover seconded adopting ORDINANCE NO. 344, "An Ordinance Establishing a Fee for Topographical Information." Motion passed 5/0. 12. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring Planning Director Nielsen reviewed the Watton Ponds development project with the Council. He stated that this site is violating the tree preservation policy with the City and that they have been notified. City Engineer Brown stated that this project is also having drainage/wetland issues. B. Administrator's Report on West Hennepin Human Services Administrator Hurm gave a report regarding the meeting he attended. He stated that a community based approach on human services is in the planning phase. He informed the Council that a number of collaboratives will be attempted for a year, with an overseeing board reviewing them to make future recommendations. Champa asked where funding for these groups would be coming from. Administrator Hurm stated that at this time the money would be coming from the County. C. Administrator's Report on Schedule of Work Sessions and Canvassing Board Meeting Administrator Hurm stated that the Council does need to meet the day after the election. It was agreed that they would meet at 5:00 p.m. on November 5, 1998. He also asked if the Council was interested in adding the discussion item from the work session to another night. The Council made no decision on changing the scheduled meeting. Administrator Hurm asked that the Council find a date to discuss the Draft Telecommunications Ordinance. It was decided that the meeting would be held on October 22, 1998 at 7:00. . . . ). I. r-'" CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 28, 1998 - PAGE 6 D. Engineer's Report on Petition Received - Knightsbridge City Engineer Brown reviewed the Knightsbridge petition with the Council. He explained that this petition stemmed from the patch work that was done previously this year. He stated that the City should look into seal coating this road in June or July of 1999. 13. MAYOR AND CITY COUNCIL REPORTS Report on September 16, 1998 Joint Work Session Communications Ordinance Amendments It was noted that the Planning Commission is meeting September 29, 1998, to answer and last minute questions before the public hearing in October regarding this issue. Champa stated that the water tower land currently being looked at is in the City of Victoria. Engineer Brown asked if a joint agreement with the City of Victoria would be acceptable for this situation. City Attorney Dean stated that the land would not have to be within the Shorewood city limits as long as it is agreeable with Victoria. Report on September 21, 1998 Joint Work Session ParklTrail Report Previously reviewed during the Park Report. 14. ADJOURNMENT O'Neill moved, Garfunkel seconded adjourning the regular meeting to a work session at 10:16 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Heidi Wirth, Recording Secretary TimeSaver Off-Site Secretarial, Inc. ~~ KRISTI STOVER, ACTING MAYOR JA