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011199 CC Reg Min• CITY OF SHOREWOOD CITY COUNCIL CHAMBERS CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD MONDAY, JANUARY 11, 1999 7:00 P.M. MINUTES Ceremonial Swearing In of Mayor Love, and Councilmembers Lizee and Zerby took place at 7:00 p.m. 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:02 p.m. A. Roll Call Present: Mayor Love; Councilmembers Stover, Garfunkel, Lizee and Zerby; Administrator Jim Hurm; City Attorney Tim Keane; Planning Director Brad Nielsen; Finance Director Al Rolek; and Engineer Larry Brown. Absent: None. B . Review Agenda Mayor Love read the Agenda for January 11, 1999. The agenda was accepted as amended: Councilmember Lizee requested item 3A be removed from the Consent Agenda and moved to item • 6B. C . Presentation of Appreciation Administrator Hurm presented a 15 year appreciation certificate to Brad Nielsen and Patty Helgeson. Mayor Love then thanked the staff for their commitment, and the fine job done over the years. D . A Motion Making Appointments for 1999 Administrator Hurm reviewed the annual appointments needed, as listed on Resolution 99-001. Councilmember Stover requested that the Lake Minnetonka Communication Commission appointment remain open, as there are interested parties, and this position should be advertised. Councilmember Garfunkel expressed disappointment in the process of appointments, noting insufficient time to consider all applicants, examine documentation and information, to make a decision. Lizee moved, Stover seconded to Adopt RESOLUTIONS #99-001, "Making Appointments for 1999." Motion passed 4/1 (Garfunkel abstained). 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - December 21, 1998 • Garfunkel moved, Zerby seconded to approve the City Council Regular Meeting Minutes of December 21, 1998, as presented. The motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES JANUARY 11, 1999 - PAGE 2 • B . City Council Special Meeting and Executive Session Meeting Minutes - January 4, 1999 Stover moved, Lizee seconded to approve the City Council Special Meeting and Executive Session Meeting Minutes of January 4, 1999, as presented. The motion passed 5/0. 3. CONSENT AGENDA Lizee moved, Stover seconded approving the Motions contained on the Consent Agenda as amended, and Adopting the Resolutions therein: A. A Motion Establishing the Date for the Local Board of Review — Removed to Item 6 B B . A Motion Approving a Sign Permit Applicant: First State Bank Location: 19765 State Highway 7 Planning Director Nielsen explained the signage existing for the applicant, noting this is actually replacement of an existing sign. Motion passed 4/1 (Zerby abstain). 4. MATTERS FROM THE FLOOR • There were none at this time. 5. PLANNING - Report by Representative Planning Director Nielsen reported on the meeting of January 5, 1999 as reported in the minutes, and pointed out that the Planning Commissioners have invited the members of the City Council to the next meeting on January 19. 6 A. A Motion Establishing the Date for the Local Board of Review Councilmember Lizee pointed out the Wednesday night may not be the best night for the public to attend a meeting, as it conflicts with many church activities. Monday night, April 19 was suggested as an alternative. Administrator Hurm will notify the County that the alternative date is the preferred choice. Lizee moved, Stover seconded to Establish the Date for the Local Board o f Review as Wednesday, April 19, 1999. Motion passed unanimously. 6B. CONSIDERATION OF A MOTION APPROVING AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 201 - PLANNING COMMISSION Administrator Hurm reported that this motion changes the membership of the Planning Commission to 7 members and all terms will start February 1, through January 31, with the exception of those made in January, 1999 which will become effective immediately. 40 . CITY COUNCIL REGULAR MEETING MINUTES JANUARY 11, 1999 - PAGE 3 Councilmember Garfunkel expressed concerns that the pros and cons of this decision were not discussed, and the issues have not been explored. Also, the members of the Planning Commission were not consulted. Councilmember Lizee pointed out that when the Planning Commission was changed to 5 members, the decision was not received with favor among the public, and there was no discussion at all. Also, 7 members will improve representation. Mayor Love also agreed that representation needed to be restored, and a 7 member Commission would aid that goal. Stover moved, Lizee seconded Adopting ORDINANCE NO. 348 "Amending Municipal Code Chapter 201 - Planning Commission." Motion passed 4/1 (Garfunkel abstained). 7. CONSIDERATION OF A MOTION MAKING APPOINTMENTS TO COMMISSIONS Administrator Hurm pointed out that with the amendment to Municipal Code Chapter 201, the terms would actually be through 2002, not through 2001. Councilmember Garfunkel would also like the Park Commission terms to change to February 1 through January 31. Lizee moved, Zerby seconded to adopt RESOLUTION # 99-002 "Making • Appointments to Commissions." Motion passed 5/0. 8. CONSIDERATION OF A MOTION APPROVING 1999 TREE TRIMMERS LICENSES Garfunkel moved, Stover seconded to adopt RESOLUTION # 99-003 "Approving 1999 Tree Trimmers Licenses." Motion passed 5/0. 9. CONSIDERATION OF A MOTION ADOPTING A YEAR 2000 POLICY Administrator Hurm reported on some of the year 2000 issues, and some of the projects that need attention. The League of Minnesota Cities recommends adopting this plan. Garfunkel moved, Zerby seconded to Adopt the Year 2000 Policy as presented. Motion passed 5/0. 10. CONSIDERATION OF A REQUEST FROM THE CHIEF OF POLICE FOR $500 TOWARD A SNOWMOBILE PURCHASE Administrator Hurm explained that the Police Department currently has one snowmobile, and would like to have a second for safety and backup reasons. Some fund raising has been done, and the Police Department has asked the four cities each to donate $500 toward the purchase price of a new snowmobile. Councilmember Lizee asked if the Police Department has applied for a grant. • Administrator Hurm answered that they had, but that goes toward overtime, and not toward the actual machines. CITY COUNCIL REGULAR MEETING MINUTES JANUARY 11, 1999 - PAGE 4 Councilmember Stover stated that the Park Commission should be reviewing how effective the • snowmobile patrol and signs have been this year. She noted several complaints she has received about curfew violations, and explained people have been reluctant to call 911 to complain. Councilmember Garfunkel pointed out that having two officers together is a safety issue. He felt a single officer alone is often a dangerous situation. Councilmember Zerby stated that Shorewood bought the first snowmobile, and they don't get all the police protection from that. Mayor Love added that he lives near the trail, and some areas are definitely worse regarding curfew violations and excessive speed. He then pointed out that this is not a referendum on snowmobiling, but an enforcement issue, and a safety issue for the officer. Councilmember Garfunkel agreed that the snowmobile issues can be discussed separately, and that this is a law enforcement and safety issue. Mayor Love suggested someone from the Police Department could come to speak at a Council meeting to answer questions on this issue. Councilmember Garfunkel stated that this was done last spring, which is why he feels so strongly that the officer's safety is at stake. Councilmember Lizee requested more information on how the Police Department will use a second snowmobile. Garfunkel moved, Stover seconded to Consider a Request from the Chief o f Police for $500 Toward a Snowmobile Purchase. Motion failed by ruling of the Chair (2/0). (Garfunkel & Love in favor; Lizee, Stover & Zerby abstained). 11. DISCUSSION ON ISSUES AND GOALS FOR 1999 Administrator Hurm presented some issues and concerns identified by staff, and asked the Council to add to it and prioritize the list. Councilmember Stover suggested adding the snowmobile issue, and an awards system. Councilmember Zerby suggested adding the reconstruction issues, especially those pertaining to property rights on Smithtown Road. 12. - ADMINISTRATOR & STAFF REPORTS A . Staff Report on Development Monitoring Engineer Brown reported that there has been very little activity of late. Planning Director Nielsen reported on a Conditional Use Permit application received from Minnewashta Elementary School for additional classrooms. He also informed them of issues regarding an existing billboard in Gideon Woods. He noted the billboard is non -conforming, but the City has been questioned about the legality of the City's agreement with the original developer. 0 CITY COUNCIL REGULAR MEETING MINUTES JANUARY 11, 1999 - PAGE 5 • B . Administrator's Report Administrator Hurm pointed out that the Special Fire Department Review Committee meeting will be held January 12. Also, the League Conference for Newly Elected Officials is coming up soon. He pointed out the following issues that will need to be discussed in the very near future: Country Club/Smithtown Road intersection improvement; options regarding participation in the Metropolitan Transit System; future of land conservation report; disaster preparedness; and the policy survey. 13. MAYOR AND CITY COUNCIL REPORTS Mayor Love reported that a meeting was held with Attorney Keane and Administrator Hurm discussing ways to keep the City legal fees down. 14. ADJOURNMENT Stover moved, Garfunkel seconded to adjourn the regular meeting to an Executive Session at 8:26 p.m. subject to approval of claims. Motion passed 5/0. The Council reconvened at 8:59 p.m. Mayor Love adjourned the regular meeting at 8:59 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary Timesaver Off -Site Secretarial, Inc. ATTEST: WOODY LOVE, MAYOR " L 1L� JANFS C. HURM, CITY ADMINISTRATOR 0