052499 CC Reg Min• CITY OF SHOREWOOD
CITY COUNCIL MEETING
MONDAY, MAY 24,1999
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 7:00 p.m.
A. Roll Call
Present: Mayor Love; Councilmembers Garfunkel, Stover, Lizee and Zerby; Administrator
Hurm; Planning Director Nielsen; City Engineer Brown and City Attorney Keane.
B. Review Agenda
Stover moved, Garfunkel seconded to accept the agenda as amended: Item 3F will
be removed from the Consent Agenda, as this can be accomplished at the Staff level.
Motion passed 5/0.
2. APPROVAL OF MINUTES
• A. Reconvened Board of Review of May 3,1999
Zerby moved, Stover seconded to approve the Reconvened Board of Review minutes of
May 3, 1999 as amended: Page 3, Add first paragraph: "Councilmember Zerby questioned
why 1050 Holly Lane was valued less per square foot than other houses of the same type."
"1010 Holly Lane. Motion passed 4/1(Zerby opposed)" Motion passed 5/0.
B. Work Session Meeting Minutes of May 3,1999
Garfunkel moved, Lizee seconded to approve the Work Session Meeting minutes of May 3,
1999 as presented. Motion passed 5/0.
C. City Council Regular Meeting Minutes of May 10,1999
Lizee moved, Stover seconded to approve the City Council Regular Meeting Minutes of
May 10, 1999 as amended: Page 2, Item 4: Correct spelling: LaFrance. Page 2, last
paragraph, "...rules in Hennepin County. He asked if those rules were helpful for the
concerns addressed." Page 3, paragraph 10, "...is bound to report the leeati "' of the
animal when treating a bite wound."
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CITY COUNCIL REGULAR MEETING MINUTES
MAY 24,1999 - PAGE 2
• D. City Council Executive Session Meeting Minutes of May 10,1999
Stover moved, Garfunkel seconded to approve the City Council Executive Session Meeting
minutes of May 10,1999 as presented. Motion passed 5/0.
E. City Council Work Session Meeting Minutes of May 12, 1999
Stover moved, Lizee seconded to approve the City Council Work Session Meeting minutes
of May 12,1999 as presented. Motion passed 4/1 (Zerby abstain).
3. CONSENT AGENDA
Garfunkel moved, Stover seconded approving the Motions contained on the Consent
Agenda as presented, and Adopting the Resolutions therein:
A. A Motion Adopting RESOLUTION NO. 99-029, "A Resolution Approving
Intoxicating Liquor License On -Sale, Intoxicating Liquor & Special Sunday
Sales - Minnetonka Country Club."
B. A Motion Adopting RESOLUTION NO. 99-030, "A Resolution Approving a
Liquor License for the American Legion."
• C. A Motion Adopting RESOLUTION NO. 99-031, "A Resolution Approving a
Temporary Gambling Permit - Storefront/Youth Action, 24575 Smithtown
Road."
D. A Motion to Authorize Mayor and City Administrator to Enter into a Hold
Harmless Agreement with Nippert Smith
E. A Motion Adopting RESOLUTION NO. 99-032, "A Resolution Authorizing
Adjustments to the City Hall Heating and Cooling System."
REMOVED FROM CONSENT AGENDA
F. A Motion Setting a Date for Public Hearing for June 28, 1999 to Consider
Vacation of Easements in the Plat of Christmas Shores
G. A Motion Adopting RESOLUTION NO. 99=033, "A Resolution Accepting a
Feasibility Report and Authorizing Preparation of Plans, Specifications and
Engineer's Estimate for Shady Island Lift Station Rehabilitation."
H. A Motion to Approve a Sign Permit for the Southshore Senior Center
Applicant: Tonka Signcrafters (on behalf of the Center)
Location: 5737 Country Club Road
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CITY COUNCIL REGULAR MEETING MINUTES
MAY 24,1999 - PAGE 3
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I. A Motion to Authorize Request for Extension
Applicant: Steven Melco
Location: 5770 Smithtown Circle
J. A Motion Adopting RESOLUTION NO. 99-034. "A Resolution Accepting
Bids and Awarding Contract for 1999 Bituminous Seal Coating of Streets."
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
There were none at this time.
5. PARKS - Report by Representative
A. Report on Joint Park Commission/Council Meeting Held May 11, 1999
Commissioner Puzak reported on the Park Commission meeting of May 11, as reported in the
minutes, and on the Joint Park Commission/Council Meeting held on May 11, also as reported in
the minutes.
• Commissioner Puzak also presented the requests put forth to the City Council this evening, and
noted that the Park Commission has made positive recommendations on both.
B. Consideration of a Request by Little League to Make Improvements to
Freeman Park.
Motion made by Zerby, seconded by Stover, to approve a request by Little League to make
improvements to Freeman Park. Motion passed 5/0.
C. Consideration of a Motion to Adopt an Ordinance Amending Code Sections
Relating to Park Dedication Fees.
Motion made by Zerby, seconded by Stover, to adopt Ordinance No. 351, "An Ordinance
Amending Code Sections Relating to Park Dedication Fees." Motion passed 5/0.
6. PLANNING - Report by Representative
Commissioner Woodruff reported on the Planning Commission Meeting of May 18, 1999 as
reported in the minutes. The Planning Commission has recommended approval of both of the
requests put forth to the City Council this evening.
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CITY COUNCIL REGULAR MEETING MINUTES
MAY 24,1999 - PAGE 4
• A. Consideration of a Resolution to Approve an Amendment to Conditional Use
Permit for Classroom Addition to Minnewashta School
Applicant: Minnetonka School District 276
Location: 26350 Smithtown Road
Councilmember Lizee asked if the new, smaller courtyard would have a sprinkler system.
Mr. Tom Berge, Director of Finance and Operations for School District 276, stated that the
courtyard will be sod, but he has no further information available at present.
Lizee moved, Stover seconded to adopt RESOLUTION NO. 99-035, "A Resolution
Approving an Amendment to Conditional Use Permit For Classroom Addition To
Minnewashta School." Motion passed 510.
B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a
Conditional Use Permit and Variance for a Substandard Lot in the
Shoreland District
Applicant:
Location:
Scott Olson
21235 Radisson Road
Planning Director Nielsen reported on the Zoning Ordinance requirements and request for a
• Conditional Use Permit and Variance for the Olsons. Also, the new structure will be up to
building code standards and will better comply with City setbacks than the existing structure.
The applicant should also be commended for taking the neighboring property views into
consideration when planning the new structure.
Councilmember Lizee expressed concern that there be a car turnaround, as the driveway exits
directly onto Radisson Road, and she would not like to see cars backing out onto that road.
Scott Olson, 21235 Radisson Road, addressed the concern, stating that the driveway will be wide
enough to turn around and he has no intention to try backing out onto Radisson Road.
Stover moved, Garfunkel seconded to direct staff to prepare findings of fact regarding a
Conditional Use Permit and Variance for a substandard lot in the Shoreland District.
Motion passed 510.
7. CONSIDERATION OF A MOTION REGARDING AN APPEAL TO A NOTICE
TO REMOVE
Appellant: Harold Rochat and Andrea Oien
Location: 4680 Fatima Place
Planning Director Nielsen provided background on the Notice to Remove which was to be
completed by April 19. The Appellant is appealing the necessity to remove these items at all,
• and failing that, asking for more time to move the items.
CITY COUNCIL REGULAR MEETING MINUTES
MAY 24,1999 - PAGE 5
• Harold Rochat and Andrea Oien, 4680 Fatima Place, stated that the materials they had considered
to be addressed in the Notice to Remove have been cleaned up. The boat is within the building
area of the property and not in the setback areas. They noted that Planning Director Nielsen had
indicated in his letter that one of the boats is inoperable, which is incorrect.
Ms. Oien asked for clarification regarding the complaint, if it includes the boats or only the teak
deck pieces that are off the boat and in the yard.
Planning Director Nielsen stated that only the wooden parts on the yard are in question.
Councilmember Lizee asked when these pieces of decking will be moved.
Mr. Rochat stated that he will be working on the boat this summer and have it finished as soon as
he can.
Mayor Love stated that some correspondence from a neighbor had been received in which they
request that the Council give Mr. Rochat 7 days to remove the parts from the yard.
Mr. Rochat answered that the parts would be on the boat this summer as he is planning to use the
boat on a trip during the first week of August. Mr. Rochat also stated he has spoken to the two
neighbors abutting his property and the property owner across the street, and they have indicated
• no problem with the pieces of decking being in his yard until he completes his project.
Mayor Love pointed out that a citizen vote is not the issue, violation of the Ordinance is the
issue.
Councilmember Stover asked if there were any other pieces besides the decking that were still on
the ground.
Mr. Rochat stated there is a piece of a back cabin which he needs to take measurements from and
will then dispose of it.
Councilmember Garfunkel commented about the neighbor, who is obviously unhappy with the
situation, and asked if Mr. Rochat could find a way to be a good neighbor in this situation and
finish the boat project more quickly.
Mr. Rochat stated that even if he had the boat done tomorrow, there is much more than that going
on between himself and the neighbor who is complaining.
Mayor Love stated that there may be other issues, however, this is the issue that was brought
before the City Council and it must be dealt with.
Mr. Rochat asked that the time frame for removal of the boat pieces in his yard be July 20, 1999.
. He indicated he feels confident that the boat repairs will be done by that time.
CITY COUNCIL REGULAR MEETING MINUTES
MAY 24,1999 - PAGE 6
• Planning Director Nielsen suggested a fenced enclosure be erected to place the items in, which
would satisfy the City Ordinance and alleviate any violations.
Mr. Rochat expressed interest in this solution and asked for more information. He indicated
there is still the question of whether the items in question really are in violation of the Ordinance.
The reference in the Ordinance applies to "unused and discarded material" which clearly does not
include the decking of the boat, as the intent is to use it.
Councilmember Garfunkel stated he could not support a motion to extend the deadline to July
20, 1999, as the initial letter regarding this matter was received on February 9, 1999 and he
would not like to see the situation go on any longer.
Mayor Love stated agreement with Garfunkel, noting the City must consider the complaint
received.
Councilmember Stover pointed out that most of the debris has been cleaned up and only two
pieces are left. She stated she would agree if Mr. Rochat hadn't moved anything but, obviously,
Mr. Rochat is attempting to alleviate the problem.
Councilmember Lizee pointed out that the City Council has given many extensions to property
owners to clean up and conform to Ordinances, and she feels the same courtesy should be given
• to Mr. Rochat.
Lizee moved, Stover seconded to extend the deadline for the Notice To Remove to July 20,
1999. Motion passed 3/2 (Love and Garfunkel opposed).
8. CONSIDERATION OF A MOTION REGARDING AN APPEAL OF ZONING
ADMINISTRATOR'S INTERPRETATION OF RV PARKING REQUIREMENTS
Planning Director Nielsen reported that the property owner who is subject to this appeal is in
attendance tonight. Nielsen suggested that Mr. Wilson be heard, and if Mr. Duda, the other party
involved is unable to attend, the matter be tabled until such time as Mr. Duda is available.
Mr. Rodney Wilson, 20820 Idlewild Path, addressed the Council regarding the alleged
harassment of the neighbor, Mr. Duda, towards his daughter, Ms. Jessica Wilson, as a result of
Mr. Duda's dislike for Mr. Wilson himself. Mr. Wilson then gave a brief summary of the history
of the Wilson family and their eventual ownership of the subject property.
Ms. Jessica Wilson, 20820 Idlewild Path, addressed the Council regarding the Wilson Family
Investment Company, which is strictly family owned and has no employees or offices. The RV
in question is licensed to this family holding, of which Ms. Wilson is an owner. She explained
that City staff has deemed this sufficient ownership for Ms. Wilson to keep the RV on her
property. Also owned is a boat and lift which sustained major damage in a storm last summer.
• This boat cannot be put into the lake yet, but it is hoped that it can by June 1, 1999 and the RV in
question can be moved back into the garage.
CITY COUNCIL REGULAR MEETING MINUTES
MAY 24,1999 - PAGE 7
• Mr. Wilson stated he sees the City Council with 3 options: 1.) Grant a variance so that the
garage can be added onto in order to house both the motor home and the boat; 2.) Change the
Ordinance; or 3.) Give Staff the power to say no to a "well connected, angry citizen who is using
the City to further a personal grudge."
Councilmember Garfunkel stated that Mr. Duda's presence may not be necessary, as the
interpretation of legal counsel and City staff is available, and the agreeing with or disagreeing
with this interpretation is the question before the City Council regardless of the complaints
behind it.
Attorney Keane added that no action is required by City Council, in any case, except to agree or
disagree with Staff interpretation of the Ordinance.
Planning Director Nielsen stated he agrees with the statement made by Garfunkel but feels that
Mr. Duda should be heard.
Councilmember Stover asked where the boat would be stored if it hadn't been damaged.
Mr. Wilson replied that the RV is usually in Minnesota about 5 months of the year, in the fall and
the spring. In general, the boat would be in the lake and the RV in the garage. However, if at
some point the RV was to be in Minnesota for a long period of time, the boat would be stored
somewhere else.
Ms. Wilson stated that she had been visited by the police a number of times due to complaints by
Mr. Duda, none of which has led to fines or any other type of corrective action. She indicated
that clearly, Mr. Duda is intent on making problems for the Wilsons for an unknown reason.
Councilmember Garfunkel stated if the City Council accepted Staff interpretation that the RV
should be allowed, what could Mr. Duda say to change that as this acceptance is not based on
each individual case, but an Ordinance clarification to all cases. Also, Mr. Duda was notified of
this meeting.
Planning Director Nielsen stated if there is consensus that staff interpretation is correct, staff can
notify Mr. Duda and he can address the Council if he still wishes to.
Motion made by Garfunkel, seconded by Stover, to support staff interpretation of RV
parking requirements. Motion passed 510.
9. CONSIDERATION OF A MOTION TO CONSIDER CREDIT FOR WATER
SERVICE INSTALLATION
Engineer Brown summarized the request from Mr. LaFrance for credit for a water stub as
discussed at the last City Council meeting. Staff recommends granting the credit to Mr.
• LaFrance.
CITY COUNCIL REGULAR MEETING MINUTES
MAY 24,1999 - PAGE 8
Attorney Keane pointed out that the amount would be the actual cost of the stub, not to exceed
$2000.
Lizee moved, Zerby seconded to approve a credit for Mr. LaFrance for installation of a
water stub to his property, not to exceed $2000. Motion passed 510.
10. CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTION OF
A JOINT COOPERATION AGREEMENT BETWEEN THE CITY AND
HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY
2000-2002
Administrator Hurm detailed the Resolution which is presented every 3 years. He advised that
staff recommends approval.
Councilmember Zerby asked for an explanation of the program.
Administrator Hurm explained that Hennepin County contracts to manage Community
Development Funding. The County has a Committee that reviews applications and administers
funds.
. Councilmember Stover clarified that these funds are used for many different projects, such as the
Senior Center Kitchen, necessary repairs for properties in the Community that the owner cannot
make due to financial constraints, handicap accessibility projects, and other similar uses.
Stover moved, Lizee seconded to adopt RESOLUTION NO. 99-036, "A Resolution
Authorizing the Execution of a Joint Cooperation Agreement Between the City and
Hennepin County for Participation in the Urban Hennepin County Community
Development Block Grant Program in FY 2000-2002. " Motion passed 510.
11. CONSIDERATION OF A MOTION AUTHORIZING THE HIRING OF A
LIQUOR OPERATIONS MANAGER
Councilmember Garfunkel reported on the completion of the hiring process for a Liquor
Operations Manager and explained a motion is now needed to authorize the hiring of the final
candidate.
Garfunkel moved, Zerby seconded to authorize the hiring of Donald Swandby as Liquor
Operations Manager. Motion passed 510.
12. ADMINISTRATOR AND STAFF REPORTS
A. Engineer's Report on Public Meeting Held May 12, 1999 Regarding
• Improvements on Noble Road
CITY COUNCIL REGULAR MEETING MINUTES
MAY 241) 1999 - PAGE 9
• B. Engineer's Report on Public Meeting Held May 12, 1999 Regarding
Improvements on Eureka Road
Engineer Brown reported on the findings from the May 12 public information meetings. He
advised staff has sent out requests for additional feedback, which are still being received. When
all are received, the tallies will be distributed. Brown reported that the majority of people on
Eureka Road seem to prefer leaving the roadway as it is, which is to say, if it is torn up and
rebuilt they want to be the same type of road that is there now. Residents have also indicated it
appears the trees and power poles located close to the roadway seem to keep the traffic speed
down.
Engineer Brown addressed the activity that has been seen lately on Seamans Drive. He explained
there a culvert was buried as part of the Chanhassen Trail Project, which backed water up in that
area. The water was pumped out, Chanhassen has been contacted, and is working to find a
solution.
Mayor Love asked about the City Clean Up Day, as he is receiving many calls regarding the fact
that the materials cleaned up have not yet been removed from the sides of the roadways.
Engineer Brown replied that a new vendor had to be contracted to pick up the materials on the
curb. On Saturday, the landfill they used was closed due to an illness so they began early this
morning to dispose of the materials. Also, being a smaller company than BFI who had been used
in the past, they were not well prepared for the amount of material to be picked up.
Planning Director Nielsen reported that the Metropolitan Council has published a new population
for Shorewood of 7,008. The DNR grant was not selected to be funded. Only 1/3 of applications
were granted by the DNR, most of these were for larger parcels of land. He explained it is
unknown if the grant program will continue but if it is continued a new in-depth application will
be submitted.
Administrator Hurm reported on the issue of packet delivery. Staff recommendation is that the
amount paid should be raised from $15 to $25.
Mayor Love stated that this amount seems appropriate to which all Councilmembers expressed
their agreement.
13. MAYOR & CITY COUNCIL REPORTS
A. Report on the Fire Department Review Committee Meeting Held on May 11,
1999
Mayor Love reported that the Fire Department Review Committee meets again tomorrow
. evening.
CITY COUNCIL REGULAR MEETING MINUTES
MAY 24,1999 - PAGE 10
• Administrator Hurm reported that a draft of a Fire Department Review Committee Report has
been received and will be discussed at tomorrow evening's meeting.
B. Initial Discussion on a Ward System for the City
Mayor Love stated he has had informal discussions about the best way to approach a ward system
but the level of Council interest is needed to look into it further.
Councilmember Stover agreed that a ward system would be beneficial for the people as long as
they don't think it precludes them from talking to any other Councilmember or the Mayor. Also,
it would have to be as evenly balanced as possible.
Mayor Love stated that there are many issues to pursue but the initial question is whether there is
interest by the Council to pursue the system. Mayor Love asked if there would be any objection
to Staff looking into this subject. The Council indicated no objection.
Attorney Keane explained that the creation of a Charter Commission is the only vehicle for
Shorewood to move to a ward system and this would not be desirable. He explained that the
mechanism of special legislation would be more attractive.
Councilmember Stover pointed out that one negative aspect is that people feel the City is already
too divided and this system may create even more division.
Mayor Love replied that it may also bring areas of the City closer together, and which direction it
takes the City remains to be seen.
Council consensus was reached that staff will begin to gather more information on the
implementation of a ward system for the City of Shorewood.
Councilmember Lizee stated that she had met with Tom Allen and he would like to schedule
time to address the City Council. She advised that June 9th would be the preferred date of Mr.
Allen.
Consensus was reached to direct Staff to schedule the meeting for June 9, 1999, and give notice
of the meeting.
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CITY COUNCIL REGULAR MEETING MINUTES
MAY 24, 1999 - PAGE 11
• 14. ADJOURN
Lizee moved, Zerby seconded to adjourn at 9:35 p.m. subject to approval of claims.
Motion passed 510.
RESPECTFULLY SUBMITTED,
Kristine Kitzman, Recording Secretary
Timesaver Off Site Secretarial, Inc.
ATTEST:
THERESA L. NAAB, DEPUTY CLERK
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WOODY LOVE, MAYOR