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092799 CC Reg Minr` CITY OF SHOREWOOD CITY COUNCIL MEETING 41 MONDAY, SEPTEMBER 27,1999 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 Stover, Lizee, and Shama Wahlgren for City Attorney Keane; Finance Public Works Brown; and Planning Director Nielsen Absent: Councilmember Garfunkel B. Review Agenda Zerby; Administrator Hurm; Director Rolek; Director of Mayor Love read the Agenda for September 27, 1999. Councilmember Lizee stated she would like to remove Item 6A from the agenda. Additional information provided by the MCWD shows a vacation of the easement would be a moot point. Lizee moved, Stover seconded to remove this item from the agenda. Motion carried. . Stover moved, Zerby seconded to approve the agenda as amended. Motion carried. 2. APPROVAL OF MINUTES A. City Council Executive Session Meeting Minutes September 13,1999. Stover moved, Zerby seconded approving the Executive Session Meeting Minutes of September 13,1999 as presented. Motion passed. B. City Council Regular Meeting Minutes September 13,1999. Lizee moved, Stover seconded approving the Regular Meeting Minutes of September 13,1999 as amended: Page 7, 3rd paragraph, 3rd sentence, add "on the LRT" to the sentence. Motion passed. C. City Council Executive Session Meeting Minutes September 13,1999. No action taken. This item was continued to the next meeting. 3. CONSENT AGENDA Zerby moved, Stover seconded approving the Motion contained on the Consent Agenda and Adopting the Resolution therein: 1b CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 27,1999 - PAGE 2 Motion to Approve a Sign Applicant: Dave Mueller, Control House Investments Location: 23075 State Highway 7 Motion passed 4-0. 4. MATTERS FROM THE FLOOR There were no comments. 5. PARKS REPORTS A. Report on Park Commission Meeting Held September 14,1999. Commissioner Themig reported on the matters considered and the actions taken by the Park Commission at their September 14, 1999 meeting (as detailed in the minutes of that meeting). B. Recommendation on Vacancy Created by Resignation of Bill Colopoulos Commissioner Themig stated the Park Commission is recommending the vacant position be filled after the first of the year when the term expires. • Councilmembers concurred that the Park Commission vacancy not be filled until 2000. C. Recommendation on a Policy Setting Trail Standards Commissioner Themig explained how the need for a policy was determined when considering standards for trails in Shorewood. He explained bituminous trails are the most cost effective method of constructing trails. He indicated they are more durable and appears to be the most consistent form of trails throughout the metro area. He stated an eight foot wide bituminous trail is being recommended by the Park Commission. He indicated an eight foot trail is a standard width. Mayor Love asked if there were any in the audience who would like to make comments. There were several people. Mayor Love noted action would not be taken this evening. Bruce Ebner, 5670 Vine Hill Road, stated if this is the best proposal being put forth, he would prefer nothing be done. He stated he and his neighbors are requesting a sidewalk. He didn't believe a bituminous trail was appropriate in front of a residence. He discussed the benefits of concrete vs. bituminous. He was concerned about the long term goals for Vine Hill Road. Brett Helgeson, 5640 Vine Hill Road, stated he was excited about the plans for a trail system. He noted the yards aren't very deep, and he was concerned about the degradation of bituminous. He agreed with Ebner's comments. He wanted the job done right the first time. He preferred a sidewalk rather than a bituminous trail. 0 Councilmember Zerby stated the trail recommendation indicates a material will not be CITY COUNCIL REGULAR MEETING MINUTES • SEPTEMBER 27,1999 - PAGE 3 recommended, but the residents would be asked to pay the additional cost. Helgeson stated to have it done right, he would be willing to pay some of the cost. The amount should be negotiated, however. Corrine Kubal, 5620 Vine Hill Road, stated it is a safety issue in the winter time, because there is no place for children to stand to wait for the bus. She stated she called the City of Minnetonka to find out what their plans are for Vine Hill Road. It was indicated there are no plans for the next five years. She believed the two cities should work together and apply for State funding for the project. Charlie Fox, 5660 Vine Hill Road, indicated he would have nothing if given the choice of an eight foot path. He stated he is opposed to paying for a sidewalk. Mayor Love discussed his involvement with the Citizens' Committee on Trails and their consideration of trail widths. Councilmember Stover stated she was in favor of flexibility and neighborhood input. She stated she would like information from staff on cost comparisons, maintenance costs, durability, ground condition variabilities before this is discussed the next time. She stated some of the sidewalk in Waterford was paid for by the developer. Councilmember Zerby stated we are continuing to move forward on the trail planning process. • Engineer Brown stated once we get to the bidding stage, an alternative for concrete would be offered. We are still in the design stage of the process. Councilmember Zerby believed it should be put on the next meeting's agenda. Councilmember Stover stated she would also like information on the possible cooperation between Shorewood and Minnetonka on Vine Hill Road. Engineer Brown stated Minnetonka asked some time ago if Shorewood had any plans for the upgrading of Vine Hill Road. Minnetonka is requesting that Shorewood consider it in their Capital Improvement Program in the future. He noted it is outside of the five year Capital Improvement Program. Mayor Love thanked the Park Commission and citizens for their comments. Commissioner Then -fig stated it is their intent to move the process forward and to continue to work with the citizens. D. Preview of the September 28 Joint Meeting with the Park Foundation Commissioner Themig stated a meeting will be held on September 28 to discuss park dedication fees. He discussed the purpose and goals of the Park Foundation. He discussed the need to pool funds to operate and improve park facilities and reduce the amount of tax dollars needed for park maintenance. He reviewed maintenance costs and revenue sources. He stated the intent is to get the Foundation to set goals and develop fund raising activities. • • CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 27,1999 - PAGE 4 6. PLANNING REPORTS Commissioner Turgeon discussed the recent public hearing held for the Comprehensive Plan. It was not well attended. One chapter, Housing, is left to be completed. It has been suggested a joint meeting be held on October 19 to discuss the Comprehensive Plan. Commissioner Turgeon reported on the matters considered and the actions taken by the Planning Commission at their September 4, 1999 meeting (as detailed in the minutes of that meeting). A. Public Hearing 7:15 p.m. - Consideration of a Motion to Adopt a Resolution Regarding a Request to Vacate Certain Easements for Watten Ponds This item was removed from the agenda based upon new information presented by the Watershed District on the status of the area in question. B. Consideration of a Motion to Adopt a Resolution Regarding a Request to Vacate Certain Easements for Christmas Shores Planning Director Nielsen stated when the property was originally platted, there were a number of easements that would have to be vacated. The developer's attorney sent a letter requesting the vacation of six easements. Staff has indicated one should not be vacated, two should, and questions remain on three of them. The request has been revised, and the two recommended by staff are the • only ones which will be vacated. Staff recommended the vacation of the two easements. Stover moved, Lizee seconded approving RESOLUTION #99-086, "A Resolution Approving Request to Vacate Certain Easements for Christmas Shores Plat." Motion carried 4-0. C. Consideration of a Motion to Adopt a Resolution Authorizing Publication of a Summary Ordinance Amending the L-R, Lakeshore Recreational District Section of the Shorewood Zoning Ordinance Planning Director Nielsen discussed the intent to publish only the summary of the ordinance. He recommended approval. Lizee moved, Zerby seconded approving RESOLUTION #99-087, "A Resolution Authorizing Publication of a Summary Ordinance Amending the L-R, Lakeshore Recreational District Section of the Shorewood Zoning Ordinance." Motion carried 4-0. D. Consideration of a Motion to Direct Staff to Prepare Findings of Fact for a Conditional Use Permit for Accessory Space Over 1200 Square Feet Applicant: T. O. and A. V. Kvalseth Location: 4980 Shady Island Circle Planning Director Nielsen reviewed the request for a conditional use permit for accessory space over 1200 square feet. The Planning Commission recommended approval with conditions that the smaller building near the lake meet setbacks or be removed, and the larger be inspected to find out if it has plumbing. Nielsen reported it does have plumbing but does not have a kitchen. A • condition will be incorporated that the building will not be converted or used as a dwelling. The applicants still have to submit a survey showing the ordinary high water mark. • CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 27,1999 - PAGE 5 Zerby moved, Lizee seconded directing staff to prepare findings of fact for a conditional use permit for accessory space over 1200 square feet subject to Planning Commission recommendations. Motion carried 4-0. Ms. Kvalseth discussed inconsistencies with the handling of this item by staff. He stated another resident built an addition over 1200 square feet and were issued a building permit. They did not have to supply a survey with the ordinary high water mark. They never had to come before the Planning Commission and had accessory structures on their property which did not have to be removed. She stated they should be allowed to keep the smaller building. She was also unclear about the motion which was made. Todd Kvalseth stated the small building is used for cleaning fish and as a sauna. He didn't think it was fair they had to remove the building. Councilmember Stover discussed the preparation of findings of fact. She indicated anything provided prior to the preparation would not be included in the findings. Planning Director Nielsen stated if there is any instance where a house is demolished, the accessory structures must be removed. The property identified did not have the house removed. He stated the Planning Commission will be discussing accessory structures in the future. • Mayor Love asked the Council if there is a motion to reconsider the preparation of findings of fact. There was no motion. E. Consideration of a Motion to Direct Staff to Prepare Findings of Fact for Front Yard and Bluff Setback Variances Application: Scott M. Olson Location: 6125 Ridge Road Planning Director Nielsen noted the existing house is close to Ridge Road, but the new house would be further back. It would still not meet setback requirements. He noted the Planning Commission recommended approval of the request. Lizee moved, Stover seconded directing staff to prepare findings of fact for front yard and bluff setback variances for Scott Olson at 6125 Ridge Road to include staging and scheduling of equipment and tree preservation. Motion carried 4-0. 7. GENERAL A. Public Hearing - Consideration of a Motion to Adopt a Resolution Authorizing a Tax Rate Increase for the 1999 Tax Levy, Collectible 2000 Mayor Love opened the public hearing. Finance Director Rolek stated a public hearing must be held whenever a tax rate increase is proposed. He reviewed the proposed tax levy for 1999-2000. He explained how the adjusted levy • certificate tax rate was calculated. He explained what the impact would be on a median value home in Shorewood. He explained how the tax rates would, in fact, go down. CITY COUNCIL REGULAR MEETING MINUTES • SEPTEMBER 27,1999 - PAGE 6 There were no public comments. Mayor Love closed the public hearing. Zerby moved, Stover seconded approving RESOLUTION #99-088, "A Resolution Authorizing a Tax Rate Increase for the 1999 Tax Levy, Collectible 2000." Motion carried 4- 0. B. Discussion of Request by Charles Daisy City Administrator Hurm stated staff has been contacted by Mr. Daisy's attorney. David Valentin, attorney for Charles Daisy, stated Mr. Daisy's vehicle is under forfeiture as the result of an alcohol -related offense. He stated the Judge suggested he speak before the City Council regarding the vehicle forfeiture. He discussed the history of the issue. He believed the vehicle forfeiture was a harsh penalty. He indicated the Judge wants to hear what the City Council's opinion is before she moves forward on the litigation. Ken Potts, prosecuting attorney for Shorewood, stated he initiated a forfeiture in this case according to State statute. He stated per the current City policy the vehicle would have to be bought back at market value. Councilmember Zerby asked what the process has been in the past where a forfeiture is concerned. • City Administrator Hurm stated the policy has been to not negotiate a return of the vehicle, and the vehicle is sold at auction or through sealed bids. Mayor Love stated he doesn't feel compelled to change the policy at this time. Kate Lynch-Bix, 25545 Orchard Circle, asked what the cost for litigation would be to the City. Mr. Potts discussed the cost of litigation being around $2,000. Councilmember Zerby stated Mr. Daisy made the decision to drive the vehicle while under the influence. He stated he was in favor of negotiating. Councilmember Stover preferred to follow the current policy. Councilmember Lizee concurred. Attorney Wahlgren stated a motion clarifying the Council's position would be helpful. Zerby moved, Stover seconded to ratify the current policy and not enter into negotiations per the current request by Mr. Daisy. Motion carried 4-0. 8. ENGINEERING/PUBLIC WORKS A. Consideration of a Motion to Adopt a Resolution Authorizing Expenditures of Funds for Wiring of Amesbury Well House Engineer Brown reviewed proposed expenditures for wiring of the Amesbury well house. 0 CITY COUNCIL REGULAR MEETING MINUTES • SEPTEMBER 27,1999 - PAGE 7 Lizee moved, Stover seconded approving RESOLUTION #99-089, "A Resolution Authorizing Expenditures of Funds for Wiring of Amesbury Well House in an Amount Not to Exceed $20,000." Motion carried 4-0. 9. REPORTS A. Administrator & Staff i. Attorney's Report on Smithtown Road Right -of -Way Options Attorney Wahlgren stated she understood City Attorney Keane is looking into options for how to proceed. Mayor Love asked if this could be ready for discussion at the next meeting. Attorney Wahlgren believed it could be completed. ii. Report on Status of Comprehensive Plan - Joint Meeting - October 19 Planning Director Nielsen stated a joint meeting with the Planning Commission and City Council is proposed for October 19. Councilmembers concurred. iii. Report on Lease Agreement for Installation of PCS Antennas With APT Minneapolis, Inc. City Administrator Hurm reported on negotiations with APT Minneapolis, Inc. The main area of discussion is fees. The City is very interested in a high range in the spectrum of fees. APT will be considering their options, and no agreement exists at this time. iv. Report on Fund Raising Efforts by Friends of Southshore Center City Administrator Hurm reported the Friends of Southshore Center will be expanded to create a Friends Support Group, and a drive is proposed. Active Council support has been requested.. V. Report on Proposed House Burn City Administrator Hurm noted a Fire Department burn is proposed. Neighbors have been notified. vi. Engineer's Report on Concerns Expressed by Island Residents Engineer Brown reported three concerns were brought up by Island residents during their trail walk. Roads have been patched, ditches have been mowed, and trees have been trimmed. He reported the hydrants are working and continue to work. He explained how the hydrants are tested. vii. Engineer's Report on Trunk Highway 7 Access Closures Engineer Brown stated a notice will be in the newsletter and sent to residents regarding the access • closures. He stated a request for barricades at Lake Linden has been made, and permanent barricades will be installed. • I � I CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 27,1999 - PAGE 8 viii. Administrator's Report on Upcoming Meeting Sponsored by Board of Government Innovation and Cooperation City Administrator Hurm stated a meeting will be held to discuss public service in the new millenium and addressing fiscal challenges. He stated the president of the Excelsior Chamber of Commerce is looking to start a forum of area business leaders. Councilmember Zerby asked if there has been any action on the Glen Road billboard. Attorney Wahlgren understood litigation has not commenced. B. Mayor and City Council i. Report on Fire Department Review Committee Meeting Held September 14,1999 Mayor Love reviewed action taken at the last Fire Department Review Committee. Another meeting is scheduled for September 28. Mayor Love stated the first meeting of the Land Conservation and Environmental Committee was held on Thursday, September 16. Councilmember Zerby discussed a proposal for a sign which would identify meeting nights. The sign would hang below the existing sign. Zerby moved, Lizee seconded to approve the purchase of three signs. Motion carried 4-0. ii. Discussion on Usage of LCD During Meetings Councilmembers reviewed the presentation used during the meeting. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Zerby seconded adjourning the regular meeting at 9:09 p.m. subject to approval of claims. Motion passed 4-0. RESPECTFULLY SUBMITTED, Clare T. Link Recording Secretary 7 IST: WOODY LOVE, MAYOR 1, JAMS C. HURM, CITY ADMINISTRATOR 0