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022299 CC Reg MinCITY OF SHOREWOOD • CITY COUNCIL MEETING MONDAY, FEBRUARY 22, 1999 MINUTES 1. CONVENE CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Mayor Love called the meeting to order at 7:02 p.m. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee and Zerby; Administrator Jim Hurm; City Attorney Laura Graf, and Planning Director Brad Nielsen. Absent: Councilmember Stover. B . Review Agenda Mayor Love read the Agenda for February 22, 1999. The agenda was accepted as amended: Administrator Hurm requested the addition of item 9A: REVIEW COUNCIL PACKETS. 2. APPROVAL OF MINUTES A . City Council Special Meeting Minutes - February 8, 1999 Lizee moved, Garfunkel seconded to approve the City Council Special Meeting . Minutes of February 8, 1999, as presented. Motion passed 4/0. B . City Council Regular Meeting Minutes - February 8, 1999 Lizee moved, Zerby seconded to approve the City Council Regular Meeting Minutes of February 8, 1999, as presented. Motion passed 4/0. 3. CONSENT AGENDA Lizee moved, Garfunkel seconded approving the Motions contained on the Consent Agenda as presented, and Adopting the Resolutions therein: A. A Motion to Approve a request for a Block Party - July 4, 1999 from 10:30 a.m. to 1:00 p.m. - Maple Leaf Circle B . A Motion to Establish May 22, 1999 as Spring Clean Up Day C. A Motion to Adopt RESOLUTION # 99-012 "A Resolution Authorizing the City to apply for a 1999 recycling grant and execution of contract." Motion passed 4/0. • CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 22, 1999 - PAGE 2 4. MATTERS FROM THE FLOOR . Greg Larson, 25535 Orchard Circle, addressed the Council regarding the land grant along Eureka Road. Mr. Larson asked when the fill would be removed along Eureka Road and when the requested sign would be erected. He stated that he would like this transaction to be advertised a bit to possibly encourage more of the same actions by other citizens of Shorewood. Mr. Larson stressed that the entire transaction was nearly problem free, and he would recommend this type of transaction to anyone who was willing and able. Mayor Love assured Mr. Larson that the green space issue is high on the list of priorities for the coming year. Planning Director Nielsen stated that the fill would be removed soon after the seasonal road restrictions are lifted. 5. DISCUSSION WITH GUY PETERSON & TOM CASWELL FROM METROPOLITAN COUNCIL ON PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT YEAR 1999 Administrator Hurm reported that the Resolution to join the Metropolitan Council had not been adopted yet, and Guy Peterson and Tom Caswell were in attendance to discuss the Metropolitan Council and answer any questions from the City Council. Mr. Tom Caswell, Sector Representative of the Metropolitan Council, addressed the Council and stated that he is available to answer any questions regarding the Metropolitan Council and the Livable Communities Act for Year 1999. Mr. Guy Peterson, Metropolitan Council, summarized the Metropolitan Livable Communities Act with some history and ideas for changes. Mr. Peterson stated that this is not so much a housing legislation as it is a community improvement legislation. Mr. Peterson presented three separate accounts for communities to take advantage of- 1 . Local Housing Incentives 2. Tax Base Revitalization Account (for recycling/clean up of properties) 3. Demonstration Account Program (for cities that can demonstrate a plan to link living, working and transportation within their communities) Mayor Love asked if the Metropolitan Council would work cooperatively with other government agencies, such as the Watershed District, in granting funding and assisting the City in the use of such funds. Mr. Peterson answered that the Metropolitan Council has worked with other agencies in this capacity. Mayor Love asked if there was any funding that may be available for the trails that Shorewood is in the process of planning to link parks and neighborhoods. Mr. Peterson stated that the Metropolitan Council may have some funding but, more importantly, some other sources of funding may insist that Shorewood be part of the Metropolitan Council Livable Communities Act to be eligible for their funding. • Mayor Love asked if Shorewood could still join since it was past the deadline.. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 22, 1999 - PAGE 3 Mr. Peterson stated that the deadline of the first of the year is fairly firm, however, some programs may still be available. He noted that the highly competitive grants would not be available. Councilmember Garfunkel asked if the only funds available are for new developments. Mr. Peterson replied that many programs exist for rehabilitation and preservation of existing neighborhoods. Mr. Caswell volunteered to send a list of other funding sources to Shorewood in regard to the green space and trails projects. Mayor Love stated he believes that by participating in the Metropolitan Council's program, they can provide direction regarding regional problems, as well as specific community problems. Councilmember Garfunkel added that he would like to hear how the Metropolitan Council will aid in problems specific to Shorewood. Administrator Hurm pointed out that the Resolution sets, as a goal, to work with the Metropolitan Council on all Shorewood issues, not just livable housing. Mr. Caswell statedthat specifics are included in the Resolution and the Metropolitan Council will address all the issues as they are brought up. Administrator Hurm pointed out two specific areas of contention right now, the first being sewer costs, which are very high in Shorewood; and the other being the transit dollars spent. He pointed out that Shorewood residents are only receiving about 15% of the transit service that they are is paying for. Councilmember Garfunkel noted that most, possibly all, of the points that the Metropolitan Council requires, Shorewood is already addressing. He also pointed out that the DNR funding may not be available for Shorewood because the funding would be very competitive. Lizee moved, Zerby seconded to adopt RESOLUTION 99-013 "A Resolution Authorizing Continued Participation in the Livable Communities Act for 1999." Motion passed 4/0. 6. PARKS - Report by Representative Commissioner Mark Themig reported on the Park Commission Meeting of February 9, 1999 as reported in the minutes. He highlighted the discussion of trails in Shorewood, stating there will be an open house on Tuesday, February 23, 1999. Councilmember Garfunkel questioned how this trail plan differs from the one in 1992, which was not favorable to Council. Commissioner Themig stated that although the starting place is the same, it was made very clear that all trail locations proposed are potential trails and in no way is this trail plan finalized. He noted that all steps taken have been designed to get the public involved. Commissioner Themig reviewed several steps that were taken to communicate with the neighborhood and individuals whose property will adjoin the trails, including but not limited to letters sent to individuals. Councilmember Zerby agreed that there has been a lot of advertising about the trail plan, and • reminded the public that if they're unable to attend any meetings, they can write, leave a message on the Shoreline, E-Mail, or fax the City to make sure their input is considered in each decision. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 22, 1999 - PAGE 4 . 7. PLANNING - Report by Representative Commissioner Laura Turgeon reported on the Planning Commission meetings of February 2, 1999 and February 16, 1999. Commissioner Turgeon highlighted the public hearings, and pointed out that both subjects are before the Council for consideration. A . A Motion Directing Staff to Prepare a Findings of Facts Regarding a Conditional Use Permit for Minnewashta Elementary School Applicant: Independent School District No. 276 Location: 26350 Smithtown Road Planning Director Nielsen recapped the request for the Conditional Use Permit and stated that the Planning Commission recommends approval. Councilmember Garfunkel requested that the City look into erecting "no parking" signs on one side of Smithtown Road to help alleviate the parking problems in that area. Lizee moved, Zerby seconded a motion directing staff to prepare a Findings o f Facts regarding a Conditional Use Permit for Minnewashta Elementary School. Motion passed 4/0. B . A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet Applicant: Zelman Levine Location: 20115 Manor Road • Planning Director Nielsen recapped the request for the Conditional Use Permit and stated that the Planning Commission recommends approval. Councilmember Zerby questioned whether the run-off problem had been checked into. Planning Director Nielsen stated that this had not been studied yet, but it will be a condition included in the permit. Zerby moved, Lizee seconded adopting RESOLUTION 99-014 "A Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet - Zelman Levine, 20115 Manor Road." Motion passed 4/0. 8. A MOTION REGARDING AN APPEAL FOR ADDITIONAL TIME TO COMPLY WITH A ZONING VIOLATION NOTICE Applicant: Ryan Nelson and Chris Wagner Location: 5540 Wedgewood Dr. Planning Director Nielsen reported on the unlicensed or inoperable vehicles, and various stored equipment and parts that need to be removed from this location. He noted that 30 days had been given and it has been recorded that the applicant has made some progress toward compliance. He stated staff recommends a 30-day extension with the warning that after this extension the City will take legal action if the location is still not in compliance. Garfunkel moved, Lizee seconded approving an appeal for additional time, through March 22, 1999, to comply with a zoning violation notice. Motion • passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 22, 1999 - PAGE 5 9. A MOTION REGARDING AN APPEAL FOR ADDITIONAL TIME TO COMPLYWITH A ZONING VIOLATION NOTICE Applicant: Brian Ohland Location: 25895 Smithtown Road Planning Director Nielsen stated that this situation is nearly identical to the situation at 5540 Wedgewood Drive. This applicant has also made some progress toward compliance, and staff recommends a 30 day extension with the warning that after this extension the City will take legal action if the location is still not in compliance. Lizee moved, Garfunkel seconded approving an appeal for additional time, through March 22, 1999, to comply with a zoning violation notice. Motion passed 4/0. 9a. REVIEW OF COUNCIL PACKETS Administrator Hurm reported on alternate methods of delivering the Council packets. He stated. that currently Police Officers do the delivery. He pointed out that the first option is to continue to have the Officers deliver them, the second option would be for Councilmembers to pick up their packets, and the third option is to have staff or Public Works deliver the packets, and the last option would be to utilize outside assistance. He stated that the last option seems to be the best option, as costs seem very similar to the cost of having the Police Officers do the delivery. Administrator Hurm has discussed the option with Drew Kriesel and Don Rogers, both of whom are willing to deliver the packets for a small fee. He reported that Police Officers can still be available for backup to these men. Councilmember Zerby questioned the mail as an option. • Administrator Hurm stated that the mail, though often overnight, cannot be counted upon completely to not be late. He noted that the delivery service was found to often be cheaper than postage for the packets. Lizee moved, Zerby seconded directing staff to approach Drew Kriesel and Don Rogers regarding the delivery of City Council packets. Motion passed 4/0. 10. REVIEW OF LAND USE AND NATURAL RESOURCES SECTIONS OF THE COMPREHENSIVE PLAN Planning Director Nielsen reported on comments received from Councilmembers regarding these sections of the Comprehensive Plan, and indicated he will forward these comments to the Planning Commission to provide direction. Mayor Love questioned the consistency of watershed rules versus the City's rules as it pertains to natural resources and wetlands. He stated he would like the Comprehensive Pplan to bring the two closer together. Mayor Love also suggested that a glossary be developed for ease of use when the public looks through these documents. He would also like to see this information on the Internet. Mayor Love stated that "green space" and "open space" need to be defined, as there is no definition now and these terms are open to interpretation. Mayor Love then expressed concern about how Shorewood is proceeding in getting the public easier access to the lake. • CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 22, 1999 - PAGE 6 Planning Director Nielsen explained the usage of "fire lanes" in Shorewood as public access, and . also pointed out that most of the lakeshore area is already developed. He noted that March 8th is the scheduled date for the City Council to look at the Transportation Section of the Comprehensive Plan. 11. ADMINISTRATOR AND STAFF REPORTS Administrator Hurm reported on the Norwest half -marathon. The information received was incorrect. The correct information is that the route will be the same as last year, along County Road 19. Administrator Hurm also noted that Attorney VanCleve has requested an Executive Session to discuss the Ryan case and the Cabalka case. Administrator Hurm referred to his memo regarding upcoming issues and suggested dates, and noted dates and times for open houses, so all Councilmembers are aware events that are coming up. 12. MAYOR AND CITY COUNCIL REPORTS Mayor Love reported on the Fire Review Committee Meeting. He noted that a major subject was recruiting. Mayor Love stated that the ages of people who generally join a volunteer fire department have been studied, and the Committee is looking into ways to recruit from the most likely age group. Councilmember Zerby asked if the lighting at the Amoco station and the Marsh Pointe model home had been checked, as requested at the last meeting. Also discussed at the last meeting was a billboard sign on Glen Road, and Zerby questioned the progress of this issue. Planning Director Nielsen stated that the lighting has not yet been checked. He noted that the billboard issue has been turned over to the City Attorney. Councilmember Zerby then pointed out that NSP is having an underground utilities conference, and asked if any Shorewood staff is going. He strongly suggested that someone attend. Administrator Hurm stated that Engineer Brown may have this on his schedule. Councilmember Zerby asked if it would be possible to have these various issues put on some kind of checklist for each meeting to make sure none of them are overlooked. Councilmember Garfunkel reported on a meeting he attended last week held by the Lake Minnetonka Communications Commission. He noted the negotiations between the LMCC and Triax was discussed at length. He also pointed out the fact that during the construction there will be some outages, probably during the day. Garfunkel stated that the new system will be state-of- the-art, and a benefit for the City. is CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 22, 1999 - PAGE 7 13. ADJOURNMENT . Lizee moved, Garfunkel seconded to adjourn at 9:25 p.m. subject to approval of claims. Motion passed 4/0. 'n1V0T Vd! frL'TTT T V QTTDTifTTTL`T\ • •