Loading...
112398 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL MEETING MONDA Y, NOVEMBER 23, 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 7:00 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; Administrator Jim Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen; Finance Director AI Rolek. Review Agenda B. Mayor Dahlberg read the "Agenda for November 23, 1998. The agenda was accepted as amended: Councilmember Stover requested moving Item #3-E, A Motion to Approve an Agreement with Southwest Trails Association for Trail Grooming Services, to Item #4-A, making "Matters From The Floor" Item #4-B. 2 . APPROVAL OF MINUTES A. City Council Work Session Minutes . October 22, 1998 Garfunkel moved, Stover seconded to approve the City Council Work Session Minutes of October 22, 1998, as presented. The motion passed 5/0. B . Regular Meeting Minutes . October 26, 1998 Stover moved, Garfunkel seconded to approve the City Council Regular Meeting Minutes of October 26, 1998, as amended on Page 3, Paragraph 2, the spelling 0 f Bud Koch (rather than Cook), and later in the paragraph he is referred to as "Mr. Clark", should read "Mr. Koch" and Page 5, #10, rather than "Ridgewood Road," should read "Ridge Road." The motion passed 5/0. C . Canvassing Board Meeting Minutes . November 4, 1998 Garfunkel moved, Stover seconded approving the Canvassing Board Meeting Minutes of November 4, 1998, as presented. The motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 23, 1998 - PAGE 2 . 3. CONSENT AGENDA Consent Agenda was modified as follows: Item #3-E be moved to agenda Item #4- A. O'Neill moved, Stover seconded approving the Motions contained on the Consent Agenda as modified, and Adopting the Resolutions therein: A. A Motion to Adopt RESOLUTION NO. 98-102. "A Resolution Approving a Setback Variance" Applicant: Kirk Davis Location: 5935 Seamans Drive B. A Motion to Approve a Sign Permit for Waterford Shopping Center Applicant: Lifetime Chiropractic Location: 19905 Highway 7 C . A Motion to Approve a Sign Permit for Bayside Bank Applicant: Bayside Bank Location: 23780 'Highway 7 D . A Motion to Approve an Agreement for Rink Supervisory Services E. A Motion to Approve an Agreement with Southwest Trails Association for Trail Grooming Services (See Item #4A below). F. A Motion to Adopt RESOLUTION NO. 98-103. "A Resolution Amending the Development Agreement for Bowman Second Addition" . G . A Motion to Approve the LMCIT Excess Liability Coverage and to Not Waive the Monetary Limits H. A Motion to Adopt RESOLUTION NO. 98-104, "A Resolution Approving the 1998 Budget Reallocation Amendment" I. A Motion to Adopt RESOLUTION NO. 98-105. "A Resolution to Accept Turn-back Property from the State of Minnesota - Highway 7 Wayside Rest Area" Motion passed 5/0. 4 A. A Motion to Approve an Agreement with Southwest Trails Association for Trail Grooming Services . Councilmember Stover had two concerns regarding the grooming of the snowmobile trails. She stated that the language stating that Shorewood will publicize grooming times and days is a concern. Councilmember Stover pointed out that since this is wholly weather driven, it cannot be accurately predicted, and therefore publicizing may not be an option. Administrator Hurm suggested changing the language to add "when possible." Councilmember Stover also asked if the grooming of the snowmobile trails could be limited to regular hours of 7:00 a.m. to 10:00 p.m. Some citizens have been bothered by the groomer going by in the early hours of the morning, around 3:00 a.m. or so. Administrator Hurm will suggest this to the organization, and find out if there will be a problem limiting the hours. CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 23, 1998 - PAGE 3 . Stover moved, Garfunkel seconded to approve an Agreement with Southwest Trails Association for Trail Grooming Services, with the inclusion of the above recommendations. Motion passed 5/0. 4B. MATTERS FROM THE FLOOR There were none at this time. 5 . PARKS - Report by Representative A. Report on November 10, 1998 Park Commission Meeting Commissioner Dahlman reported on the matters considered and the actions taken by the Park Commission at their November 10, 1998 meeting (as detailed in the minutes of the meeting). B . A Motion Authorizing $5,000 in Park Funds to be Spent on Planning Design Work for a Freeman Park Multi-Use Structure Stover moved, O'Neill seconded authorizing $5,000 in Park Funds to be spent on Planning Design Work for a Freeman Park Multi-use Structure. Motion passed 5/0. 6 . PLANNING - Report by Representative . A . Report on November 4, 1998 Planning Commission Meeting Commissioner Anderson reported on the matters considered and the actions taken by the Planning Commission at their November 4, 1998 meeting (as detailed in the minutes of the meeting). B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Outdoor Sales and Display Applicant: Merlin Dewing on behalf of Pelican Car Company Location: 19425 State Highway 7 Planning Director Nielsen reviewed the case with the Council and stated that most of the public hearing comments had to do with the Mini-Storage lighting. He informed the Council that he went out and measured the lights and found several violations. Nielsen stated that he left messages at the Mini-Storage, and that a letter will be sent explaining the specific violations. He stated that the owner of the Mini-Storage seems willing to cooperate. Nielsen also pointed out that the business plan for Pelican Car Company does not require any additional lighting than is already at the site. In addition, the Conditional Use Permit does include conditions to keep signage and lighting at a minimum. Nielsen stated that Staff recommends approval of the Conditional Use Permit with conditions. Tom Erdmann, 19495 Muirfield Circle, stated that he was concerned that once a Conditional Use Permit is issued, that it is nearly impossible to take it back. He stated that he is concerned about the "unintended impact" of the company, and the possible growth beyond the scope of the permit. Mr. Erdmann stated that additional traffic is another concern. . Nielsen explained that the Conditional Use Permit addresses specifically the maximum number of display cars, maximum and type of signage, maximum and type of lighting, and conditions for screening and landscaping. CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 23, 1998 - PAGE 4 . Mayor Dahlberg asked what kind of sanctions were in place for violations of a Conditional Use Permit. Nielsen stated that the first violation is cited, and then there is a risk of losing the Conditional Use Permit. He informed the Council that the Conditional Use Permit could be reviewed on a regular basis. Merlin Dewing, representative of the Pelican Car Company, stated that they intend to honor any conditions set forth in the Conditional Use Permit, and that their customers are also not looking for the "typical" used car lot. Stover moved, O'Neill seconded to Direct Staff to Prepare Findings of Fact regarding a Conditional Use Permit for Outdoor Sales and Display for Pelican Car Company. Motion passed 4/0. (Champa abstained) 7 . DIRECTION REGARDING SENIOR HOUSING ORDINANCE AND MORATORIUM AND ON LAND USE SECTION OF THE COMPREHENSIVE PLAN . Garfunkel moved, O'Neill seconded to adopt ORDINANCE NO. 346 amending the existing moratorium on senior housing by extending it 60 days beyond the December 10, 1998 deadline. Motion passed 5/0. O'Neill moved, Champa seconded to direct the Planning Commission to hold a Public Hearing on December 15, 1998 regarding changes to land use section 0 f the Comprehensive Plan. Motion passed 5/0. O'Neill moved, Champa seconded to direct the Planning Commission to hold a Public Hearing on December 15, 1998 regarding changes in the Ordinance for Senior Housing, Municipal Code Section 1201.03, Subd. 20. Motion passed 4/1 (Stover opposed). 8. CONSIDERATION OF A MOTION REGARDING PROPERTY SPECIFIC CHARGES - 5355 SHADY HILLS CIRCLE Finance Director Rolek explained the request by Mr. Ron Johnson, owner of 5355 Shady Hills Circle, to apply the $700.00 he has paid in sump pump charges and that they be reallocated to his outstanding utility charges. No motion was made at this time. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER. THE METROPOLITAN LIVABLE COMMUNITIES ACT YEAR 1999 Councilmember O'Neill asked for the positive aspects of continuing to participate. Administrator Hurm pointed out that it helps with potential leverage to receive funding. Councilmember Champa argued that the Metropolitan Council may not be a desirable organization to work with anymore. . Stover moved, Garfunkel seconded to adopt RESOLUTION NO. 98-106, "A Resolution Electing to Continue Participation in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for Year 1999." Motion denied 312. (Opposing votes: Mayor Dahlberg, Councilmembers O'Neill and Champa). . . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 23, 1998 - PAGE 5 10. CONSIDERA TION OF A MOTION MAKING APPOINTMENTS TO THE EXCELSIOR FIRE DEPARTMENT REVIEW COMMITTEE Administrator Hurm reported on the current status of the Review Committee. He stated that at this point it is not necessary to consider who, or how many, appointments are to be made. 11. CONSIDERATION OF A MOTION REGARDING AN AGREEMENT FOR SERVICES - EXCELSIOR FIRE DEPARTMENT O'Neill moved, Champa seconded to approve an Agreement for Services of the Excelsior Fire Department. Motion passed 5/0. 12. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING THE LAKESIDE WATERMAIN IMPROVEMENTS AND AUTHORIZING ASSESSMENT OF THE COST - PROJECT NO. 98-02 Stover moved, Garfunkel secondei:l to adopt RESOLUTION NO. 98-106, "A Resolution Accepting the Lakeside Watermain Improvements and Authorizing Assessment of the Cost for Project No. 98-02." Motion passed 5/0. 13. CONSIDERATION OF A MOTION ADOPTING AN ORDINANCE AMENDMENT TO SECTION 904.09 - PROHIBITED DISCHARGES INTO THE SANITARY SEWER Garfunkel moved, Stover seconded to Adopt ORDINANCE NO. 347, "An Ordinance Amendment to Section 904-09, Prohibited Discharges into the Sanitary Sewer." Motion passed 5/0. 14. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring Nielsen reported that the Mary Lake Woods project is nearly done, and the tree protection fencing has been taken down. He informed the Council that the Christmas Shores project is proceeding well. B. Administrator's Report on July 28, 1997 Minutes Hurm reported that there was an incorrect address and name in the July 28, 1997 minutes that need to go on record. These minutes will be duly noted. C. Administrator's Report on Pay Equity Compliance Hurm reported that the State requires a report every 3 years, and that Shorewood has received notification of compliance. The next report is due January 31, 2001. 15. MAYOR AND CITY COUNCIL REPORTS Report on Work Session Held November 16, 1998: Status of Council Priorities for 1998 Policy Survey 1998 Utility Budgets - Hurm pointed out that no rate increases are proposed for 1999. .. . . . . ' CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 23, 1998 - PAGE 6 Councilmember O'Neill addressed publishing the agenda on the Web Site. Council directed Staff to begin this process. Mayor Dahlberg called a 5 minute recess, after which the Council will recon velie in Executive Session. 16. ADJOURNMENT Champa moved, Garfunkel seconded adjourning the regular meeting at 9:17 p.m. subject to approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc.