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080999 CC Reg MinCITY OF SHOREWOOD COUNCIL CHAMBERS • REGULAR CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD MONDAY, AUGUST 9,1999 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 p.m. A. Roll Call Present: Mayor Love, Councilmembers Stover, Garfunkel, Lizee, and Zerby; Administrator Hurm; City Attorney Keane; Director of Public Works Larry Brown; and Planning Director Brad Nielsen B. Review Agenda Mayor Love read the Agenda for August 9, 1999. Hurm noted Chuck Cochran was not able to attend the meeting this evening, and the presentation will take place at the next meeting. Councilmember Lizee asked that item 3A be moved to item 10B for discussion purposes. Garfunkel moved, Lizee seconded to approve the agenda as amended. Motion passed 5-0. • 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes - July 19,1999 Garfunkel moved, Zerby seconded approving the City Council Work Session Meeting Minutes of July 19, 1999 as amended: Page 2, No. 3, as this seems to pit neighbors against each other... is removed. Motion passed 4-0-1. Stover abstained from voting. B. City Council Work Session Meeting Minutes - July 26,1999 Garfunkel moved, Stover seconded approving the City Council Work Session Meeting Minutes of July 26,1999 as written. Motion passed 5-0. C. City Council Regular Meeting Minutes - July 26,1999 Stover moved, Garfunkel seconded approving the City Council Regular Meeting Minutes of July 26,1999 as amended: Page 5, Requests from Southshore, last sentence: "the Southshore Center should be compensated from any penalty for any inconvenience over the past few years... Page 8, No.12, second sentence in the first paragraph, amend to read: period after "occupant in the house." Page 10B, "outside funding;" Page 11, last paragraph, amend to read: needs a Staff Reports heading; Page 4, second paragraph, amend to read: remove the word "and." Motion passed 5-0. 0 CITY COUNCIL REGULAR MEETING MINUTES 46 AUGUST 9,1999 - PAGE 2 D. City Council Executive Session Meeting Minutes - July 26,1999 Garfunkel moved, Stover seconded approving the City Council Executive Session Meeting Minutes of July 26,1999 as written. Motion passed 5-0. 3. CONSENT AGENDA Stover moved, Garfunkel seconded approving the Motion contained on the Consent Agenda and Adopting the Resolution therein: A. THIS ITEM WAS DISCUSSED AS ITEM 10B - A Motion to Adopt a Resolution Authorizing Advertisement for Bid for Bituminous Overlay. B. A Motion Adopting RESOLUTION NO. 99-060, "A Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet." Motion passed 5-0. 4. MATTERS FROM THE FLOOR Scott Gysland, 4812 Ferncroft Drive, requested an extension on the condemnation and repair in order to get more time to secure financing. • Mayor Love stated he can be empathetic about an extension and asked Gysland what timeframe he had in mind. Gysland discussed his concerns about the work needed on the site. Planning Director Nielsen stated he was skeptical about the notion of repairing the house. He believed an analysis of what the repair might involve should be done to determine whether the structure has been destroyed to more than fifty percent of its value. He was concerned about the occupancy of the structure. He did not have a problem with an extension. Mayor Love was also concerned about the safety. If an extension is granted, a specific timeframe should be identified. He asked if an extension to the end of August would meet Gysland's needs. Gysland requested a thirty day extension and discussed his problems with the current realtor. Mayor Love stated he could support a thirty day extension. He also believed the City Attorney should proceed on what the next steps would be after that point. Councilmember Garfunkel asked how many people are living in the house. Gysland stated he is the only one living on the one side and only under the good part of the roof and his daughter and her children are living on the other side of the building. Councilmember Garfunkel was concerned about the ability to secure financing and the safety of the building. He wondered how quickly the building could become unoccupied for safety reasons. He preferred the building become unoccupied by the extension date. • CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9,1999 - PAGE 3 Councilmember Stover asked how long it would take to determine if fifty percent of the building's value has been destroyed. Planning Director Nielsen discussed the procedure. He noted if more than fifty percent has been destroyed, the building should not be reconstructed. Mayor Love suggested this should be done before an appraisal is done. Gysland stated he is looking at selling the property to be virtually torn down. Councilmembers discussed the request. City Attorney Keane noted the ten day order to secure expires the end of this week, and Gysland has ten days to respond. He expected within a week following that, it could conceivably be heard the first week in September. Zerby moved, Lizee seconded to extend the request thirty days from today for compliance for repair or removal. Motion passed 5-0. 5. PLANNING REPORTS Planning Director Nielsen reported the Planning Commission representative could not attend this evening. He stated that the Planning Commission held four public hearings on August 3, 1999. The Commission recommended approval of a conditional use permit for a multi -purpose building at Freeman Park. The Planning Commission also recommended in favor of a conditional use • permit for Excelsior Covenant Church to build garage for their church van. The third item was for a conditional use permit of an accessory building in excess of 1,200 square feet for William Dickson. The final request was to build on a substandard lot on Enchanted Island. The plans submitted by Victoria McConnell are greatly improved over a previously approved conditional use permit and variance from 1995. All four of these items will appear on the August 23 Council agenda. A. A Motion to Direct Staff to Prepare Findings of Fact Regarding Conditional Use Permit for Installation of PCS Antennas Applicant: APT Minneapolis, Inc. (Aerial Communication) Location: 26352 Smithtown Road (Water Tower at Minnewashta School) Planning Director Nielsen reviewed the request to install PCS antennas at the water tower site at the Minnewashta School. The Planning Commission recommended approval of the request. He stated review and comment from the School District has been received expressing concerns about the use of the site. An updated lease agreement with APT would be needed as well if this request were approved. The District suggested the accessory building be incorporated into the base of the tower, and the antennas be located on top of the water tower rather than around the structure. Michael Roark, APT Minneapolis indicated they would prefer to go around the stem of the tower but could locate the antennas on top. Engineer Brown stated locating the ground equipment into the base of the tower would not be compatible with already existing equipment. He stated there are also security issues that relate to 40 health issues as well. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9,1999 - PAGE 4 There were no public comments. Councilmember Garfunkel noted the Board of Education did not think the antennas were a desirable use. Councilmember Lizee asked if the antennas were the whip kind. Mr. Roark discussed the construction of the antennas. Councilmember Stover asked if the location would make a difference on the projected emissions. Mr. Roark stated the number rather the location would determine emission projections. Councilmember Zerby asked if it is preferential or desired to be in a C Zone. Planning Director Nielsen stated the zoning ordinance indicates it is preferable. The west end of town will need some kind of location despite the fact it is entirely residential. When the telecommunications code was adopted, public property was identified as another location. Councilmember Garfunkel asked if the only location remaining would then be on top of the tower. Engineer Brown noted typically two providers can be located on the stem. One could then be located on the top. Planning Director Nielsen suggested this provider be allowed to place their • antennas on the stem. Zerby asked if the School Board's undesirable recommendation would be cause enough to deny this request. City Attorney Keane stated the Council is required to look at this as a land use application. There would need to be substantial recommendations on the record supporting an adverse motion. He stated he hasn't heard anything on the record to support this. Zerby moved, Lizee seconded to direct staff to prepare Findings of Fact and staff recommendations supporting approval of the conditional use permit for installation of PCS Antennas. Motion passed 5-0. B. A Motion to Adopt an Ordinance Amending the L-R, Lakeshore Recreational District Section of the Shorewood Zoning Ordinance Planning Director Nielsen discussed the Planning Commission's work revising the Lakeshore Recreational District Section of the zoning ordinance. He noted an issue arose when the Comprehensive Plan was revised which identified the need to revise this section. The Planning Commission believed there was merit in revising rather than eliminating the section. He discussed the summary of proposed revisions which are intended to make it more feasible for existing nonconforming sites to comply with the requirements of the District. He explained the conditional use permit process and licensing procedure which would serve as a dual control on the uses. He discussed specific changes to the code which would regulate single family residence, square footage, screening and landscaping of outdoor storage, number of slips, dry storage, entry drives • and annual license requirements. CITY COUNCIL REGULAR MEETING MINUTES • AUGUST 9,1999 - PAGE 5 Nielsen reviewed additional revisions identifying the sensitivity of Gideon's Bay and control of motorized boats in the bay and the sale of gas at the marinas. Language was added to limit the sale of gas to slip owners only. John Cross, Minnetonka Moorings dba Shorewood Yacht Club, stated he is generally in favor of going forward with an application under the new ordinance. He was concerned about parking setbacks from the lake. Bob Rascop, LMCD Representative hoped the ordinance would not get too restrictive on the sale of gas to lake users. Councilmember Lizee stated it might be important to reinsert something about lighting in the ordinance. She stated it was deleted. Planning Director Nielsen agreed it would be a good idea. In response to a question from Zerby, Planning Director Nielsen stated there is a third marina out on Enchanted Island. He noted it is surrounded by residential uses, the site is substandard, and the road is quite narrow. Nielsen suggested that this be a first reading and that a final draft would be prepared for the August 23 meeting. Councilmember Stover asked for clarification on what authority the City has to regulate the type of boats. Planning Director Nielsen explained the language. Councilmembers discussed the language in detail and suggested minor revisions on page one. Lizee moved, Zerby seconded to move Item 9 for the next discussion item. Motion passed 5-0. 9. CONSIDERATION OF REQUEST REGARDING VARIANCE/SUBDIVISION - STEVE PAHL Planning Director Nielsen discussed the applicant's desire to not spend any money until he knows whether his request would be considered favorably. Steve Pahl, 24860 Smithtown Road, stated he is not requesting to bypass the variance procedure. He stated staff informed him his chances of having the flag lot approved are minimal. He asked why the City is against flag lots. Mayor Love stated the variance procedure requires a certain process to follow. Pahl was concerned about the survey expense. City Attorney Keane cautioned the Council on giving an indication of which way an application would go that isn't before them. Pahl stated he would be willing to have a survey done, but he didn't believe it should be required until the final step. He stated he would like to go before the Planning Commission with just the basic information. 0 CITY COUNCIL REGULAR MEETING MINUTES • AUGUST 9,1999 - PAGE 6 Mayor Love asked what the requirements consist of. Planning Director Nielsen explained the purpose of the requested survey. He also discussed statutory requirements for public hearing notices. Councilmember Lizee stated she would hesitate to deviate from what is required for a variance. -Mayor Love asked if there was a motion supporting a change in the requirements. There was no motion. 6. LMCD REPORT BY BOB RASCOP ON 2000 PROPOSED BUDGET AND CURRENT ISSUES Bob Rascop, LMCD Representative, discussed the 2000 proposed budget. A public hearing will be held on Wednesday, August 11 to discuss the budget. He discussed the four basic funds. Two are tax levy supported, and two are created through donations. He discussed the funds. He explained the taxing capacity of the individual cities determines how much each city contributes. He noted Shorewood will be asked to contribute $21,000.00 toward the budget in 2000. He discussed expenses and revenues. City Administrator Hurm discussed Shorewood's contribution. In response to a question from Mayor Love, Rascop stated the issue has always been density. He explained how the LMCD controls density on the lake. He stated there is a lot of opposition from marina owners to the proposed change in density. Mayor Love suggested Rascop give regular reports to the City Council. Mayor Love recessed the meeting at 9:00 p.m. and reconvened at 9:13 p.m. 7. CONSIDERATION OF A MOTION ESTABLISHING WORK SESSION DATES TO DISCUSS 2000 BUDGET City Administrator Hurm suggested Monday, August 30 as a work session date to discuss the 2000 budget at 7:00 p.m. Council members concurred. 8. CONSIDERATION OF A MOTION REGARDING SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT BUDGET REQUEST FOR 2000 City Administrator Hurm noted Shorewood's share of the budget would be increased a little over 6%. A Shorewood officer would become part of the SLMPSD. An upgrade of the copy machine and voicemail system are proposed. Councilmember Stover asked how much we pay toward the Shorewood officer presently. City Administrator Hurm noted it is $69,200 which is offset by grant money. He stated $54,502 would be increased by $15,000 next year, because we wouldn't have the grant. The bottom line increase next year would be $6,500. He discussed budgeting for overtime for the police officer. Councilmember Stover stated she would like to find out how much the officer has been performing Shorewood duties. 0 CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9,1999 - PAGE 7 Mayor Love stated this will better target having access to the officer. The overtime usage will provide better access to the officer when we need him. Councilmember Lizee had additional questions about the budget. Mayor Love suggested the budget be approved. He suggested the Chief attend the next meeting or Councilmembers could meet with him prior to the next meeting. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION DESIGNATING A SCHOOL SPEED ZONE ON SMITHTOWN ROAD Engineer Brown stated the City has received requests over the past year to consider a school zone speed limit on Smithtown Road. He stated the possibility exists to establish a speed limit twenty miles below the posted speed limit but not less than fifteen miles per hour. He stated staff is recommending advanced signage and signage establishing the speed limit be installed, and a school crossing at Strawberry Lane. He stated the speed limit can only be in effect when school children are present. Councilmember Lizee stated she is very encouraged by this and was very concerned about traffic in the area. She stated a school patrol program is proposed in the area as well. Councilmember Garfunkel asked if the sign on Strawberry Lane will block traffic visibility in any way. Engineer Brown stated the signs will be reviewed for sight distance problems and will be adjusted accordingly. Councilmember Zerby asked if there is a future pedestrian pathway in the area as noted on the drawing. Engineer Brown stated it is an error. He discussed the location of the crossing proposed. Lizee moved, Stover seconded to adopt RESOLUTION NO. 99-061, "Establishing a School Speed Zone on Smithtown Road." Motion passed 5-0. B. A Motion Authorizing Advertisement for Bid for Bituminous Overlay. Engineer Brown stated $80,000 has been budgeted for bituminous overlay in Shorewood. He stated Greenwood has asked Shorewood to participate in additional overlays. He discussed participation costs. Staff is recommending that Country Club Road be overlaid as well as Lake Linden Drive, Suburban Drive and Maple Ridge Lane. A bid opening is proposed for September 1, 1999. Councilmember Lizee was concerned about the overlay of Lake Linden Drive. She asked if it would better serve the residents to realign the curve. Engineer Brown discussed work already done on the road including the installation of arrow signs along the curve. He stated he would recommend proceeding with the overlay regardless of whether or not it is realigned.. City Administrator Hurm asked if it would save anything to put in a thinner overlay. 0 Engineer Brown stated he would prefer staying with the typical two inches of overlay. CITY COUNCIL REGULAR MEETING MINUTES • AUGUST 9,1999 - PAGE 8 Garfunkel moved, Stover seconded to adopt RESOLUTION NO. 99-062, "Authorizing Advertisement for Bid for Bituminous Overlay." Motion passed 5-0. 11. QUARTERLY REVIEW OF OBJECTIVES Council asked staff to include more detail in future reports. 12. ADMINISTRATOR AND STAFF REPORTS A. Attorney's Report on Research Options Regarding Right -of -Way Along Smithtown Road City Attorney Keane noted there is no further detail, but it will be discussed further at the next meeting. B. Staff Report on Communication Issues Mayor Love discussed the importance of communication. He appointed Councilmembers Garfunkel and Zerby to the ad hoc committee. Lizee moved, Stover seconded to appoint Councilmembers Garfunkel and Zerby to the ad • hoc committee. Motion passed 5-0. C. Cleanup of Property Planning Director Nielsen reported that Mr. Rochat on Fatima Place found room in the garage for items in his yard that were in violation. The problem appears to be resolved, and staff will keep an eye on the issue. 13. MAYOR AND CITY COUNCIL REPORTS A. Establish a Date for City Council Executive Session to Discuss Personnel Matter Mayor Love stated Monday, August 16 is a tentative date to discuss a personnel matter. He suggested 1-1/2 hours beginning at 6:00 p.m. Councilmember Stover was unable to attend. Mayor Love reported neighborhood night out was held on Tuesday, August 3. They were very well attended. 0 CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9,1999 - PAGE 13 14. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Garfunkel seconded adjourning the regular meeting at 9:49 p.m. subject to approval of claims. Motion passed 5-0. Respectfully submitted, Clare T. Link Recording Secretary LJ KRISTI 9TOVER, ACTING MAYOR AVIVIENW1RKATUK