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102698 CC Reg Min . . . '. CITY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, OCTOBER 26, 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 7:03 p.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. Absent: None. B . Review Agenda Mayor Dahlberg read the Agenda for October 26, 1998. O'Neill stated that he wanted Item 3D off the Consent Agenda and that it be moved to Item 4A. The agenda was accepted as amended. 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - October 12, 1998 Champa moved, Garfunkel seconded approving the City Council Regular Meeting Minutes of October 12, 1998, as presented. The motion passed 4/0. (Dahlberg abstained). B . City Council Work Session Meeting Minutes - October 12, 1998 Stover moved, O'Neill seconded approving the City Council Work Session Meeting Minutes of October 12, 1998, as presented. The motion passed 4/0. (Dahlberg abstained). 3 . CONSENT AGENDA Consent Agenda was modified as follows: Item 3D was removed for consideration as Item 4A. Garfunkel moved, Stover seconded approving the Motions contained on the Consent Agenda as modified, and Adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 98-096, "A Resolution Accepting Streets and Utilities - Smithtown Meadows" B. A Motion Adopting RESOLUTION NO. 98-097, "A Resolution Accepting Streets and Utilities - Marsh Pointe" CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 26, 1998 - PAGE 2 . A Motion Adopting RESOLUTION NO. 98-098, "A Resolution Accepting Bids and A warding Contract for Emergency Vehicle Pre-emption (EVP) Highway 7" D . See Item 4A below. C. E. A Motion to Approve a Sign Permit for Carlson Travel - Waterford Shopping Center F. A Motion Adopting RESOLUTION NO. 98-099, "A Resolution Ratifying a Modifications to the Final Plat of Christmas Shore" Motion passed 5/0. 4. A. A Motion Adopting RESOLUTION NO. 98-100, "A Resolution Establishing an Absentee Ballot Board to Accept and Reject Absentee Ballots" Administrator Hurm reviewed this item with the Council. He stated that this board is allowed by State Statute to facilitate the absentee voting process, but does need Council authorization. O'Neill moved, Stover seconded approving Resolution No. 98-099 establishing an Absentee Ballot Board to Accept and Reject Absentee Ballots. Motion passed 5/0. . 4. MATTERS FROM THE FLOOR Mary Lou Swenson, 24745 Amlee Road, questioned the Council regarding the Wagner Property. She stated that she is concerned about the traffic flow for a future park expansion versus senior housing for the City. She stated that this land would be not only for Shorewood youth but also for children from surrounding communities. 5 . PARKS - Report by Representative Commissioner Ken Dallman reported on the matters considered and the actions taken by the Park Commission at their October 13, 1998 meeting (as detailed in the minutes of the meeting). Dallman stated that a lengthy discussion was held on the Wagner property but that no motion was taken at the meeting. 6 . PUBLIC INPUT ON AND COUNCIL CONSIDERA TION OF THE PURCHASING OF LAND ADJACENT TO FREEMAN PARK - 25720 HIGHWAY 7 Mayor Dahlberg announced the public information portion of the meeting and solicited public comment regarding the purchase of the Wagner Property. Bernard Tischer, Chanhassen resident, explained that the South Tonka Baseball Association has used the fields in Freeman Park for a number of years. He stated that he would like to see the City purchase this land to make more fields available. He informed the Council that his organization is interested in helping financially, if need be. . CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 26, 1998 - PAGE 3 . Chris Lizee, 27055 Smithtown Road, expressed some concern that the property in question is now under litigation, and asked if it is prudent for the city to get involved in buying this property at this time. Attorney Dean stated that the City is aware of the legal problems with the land, but that the concern of litigation is currently disengaged. He explained that the agreement is subject to cancellation according to Wagner's attorney. Bud Koch, Murray Street, stated that he hopes to see future monies put toward trails within the City and not for the Wagner Property. He wanted to know how far the City will go to tax the residents in the City. He asked that the Council be responsible and let the concerned citizens in on the Council's plan. Mr. Clark stated that the $237,000 is only the land purchase price, and that the Council needs to state their intention regarding the land and clarify to the citizens all other costs involved. Mayor Dahlberg stated that the fmancing issues are crucial for the purchase of this land. Garfunkel asked that residences not jump to conclusions on the ideas that have been thrown out. He reaffirmed that the Council is only brainstorming ideas for the use of the land and has not committed to a decision. Commissioner Dallman stated that the Park Commission has discussed how this land could be used if it was purchased. The acquisition of this land would allow the park to be shifted to curb current parking and ballfield problems. It was also discussed that the Commission could allow a telecommunications tower on the property to profit from rent. . Roy Swenson, 24745 AmIee Road, stated that he has spoken with several conservative past Councilmembers. He stated that he would like to see a senior citizen housing development on the Waguer Property. Chris Lizee questioned when a recommendation would be made by the Ad Hoc Land Conservation Committee. Administrator Hurm stated that a decision from the Ad Hoc Committee could include a conservation easement on the parcels sometime in November. Another concerned resident stated that the City needs to take care of pre-existing problems and not take on any additional expenses. Garfunkel stated that money will still be needed for current problems but the laJ:ld opportunity is available for the City right now. Cathy McDougle, 25425 Mann Lane, stated that she felt Freeman Park was a wise purchase and that she hopes to see some of the space left vacant for green space, as well as for ballfields. Stover stated that there are several options for the Wagner Property that the Council is considering. She explained that the Council would consider a clear purpose while proceeding with the proposed land acquisition. O'Neill stated that only time has been spent on this issue thus far and that many options are available for this land. Garfunkel stated that there are many factors behind this issue and that with the public comments, the Council will consider this issue at another work session to get down to the main issues. . CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 26, 1998 - PAGE 4 . 7. PLANNING - Report by Representative Commissioner Bailey reported on the matters considered and the actions taken by the Planning Commission at their October 20, 1998 meeting (as detailed in the minutes of the meeting). A. A Motion to Adopt Telecommunications an Ordinance Regarding Planning Director Nielsen reviewed the Telecommunications Ordinance with the Council and the recommendations of the Planning Commission. He stated that this Ordinance would allow the City to regulate the location and structure of towers to C-3 and C-4 zoning districts and to public property. Nielsen handed out new language for the buffer/setback regulations from the Council work session recommendations. He reminded the Council that the moratorium on this issue expires at the end of October. O'Neill moved, Garfunkel seconded adopting the Telecommunications Ordinance including the additional language for Item #9. Motion passed 5/0. B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance Applicant: Kirk Davis Location: 5935 Seamans Drive . Planning Director Nielsen offered a summary of the variance requested, and mentioned an amendment to the variance that Mr. Davis requested since the last Planning Commission meeting. Nielsen stated that the Commission will be reviewing the rear yard setback ordinance in the near future to address the issue of average setbacks. Karen Coune, co-owner of the property on Seamans Drive, reminded the Council of the difficulties in working with an existing home. She stated a porch is needed for protection from mosquitoes, which possibly would then necessitate a hardship in Minnesota. Planning Director Nielsen explained the "average setback" as to how a 14-foot compromise was arrived at. Stover expressed some concern regarding timing, and asked to amend the approval from just findings of fact to variance approval, to allow the building permit to be issued. Stover moved, Garfunkel seconded approving a Setback Variance for Kirk Davis at 5935 Seamans Drive and directed staff to prepare Findings 0 f Fact. Motion passed 5/0. 8 . CONSIDERA TION OF A MOTION ACCEPTING CHANGES TO RESOLUTION NO. 98-081 CONTAINED IN DEEPHA YEN'S RESOLUTION REGARDING FIRE DEPARTMENT REVIEW COMMITTEE . Administrator Hurm reviewed this issue with the Council. He stated that this is not an agreement, but rather an amendment to the agreement. He stated that several cities have changes that need Shorewood's approval. He then went on to explain the proposed Fire Department's Review Committee. . 1 I "'J . . . CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 26, 1998 - PAGE 5 Mayor Dahlberg stated that he would be interested in staying involved in managing the basic government services. Stover stated that volunteer firemen in the City may be interested in being present at these meetings. Mayor Dahlberg agreed with this but felt elected officials should be the ones with voting power. He stated that this committee only makes recommendations but that these are going to be taken seriously by the City of Excelsior and will need to be reported back to each of the cities' councils. Champa moved, O'Neill seconded accepting changes to Resolution No. 98- 081. incorporating changes suggested by the City of Deephaven, and directed Staff to redraft language regarding votes and number 0 f representatives. Motion passed 5/0. 9. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring Staff reported that the Mary Lake Woods project is going well. 10. MA YOR AND CITY COUNCIL REPORTS Mayor Dahlberg reported on petitions received from residents on Ridge Road for utilities to be underground. He stated that this item would be discussed at a future meeting. 11. ADJOURNMENT Champa moved, Garfunkel seconded adjourning the regular meeting at 9:02 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Heidi Wirth, Recording Secretary TimeSaver Off-Site Secretarial, Inc.