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112299 CC Reg Min• CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 22,1999 MINUTES 1. CONVENE CITY COUNCIL MEETING • 0 Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Present: Mayor Love, Councilmembers Garfunkel, Lizee, Stover and Zerby; City Administrator Hurm; City Attorney Keane; Public Works Director/Engineer Brown; Planning Director Brad Nielson Absent: None B. Review Agenda Mayor Love read the Agenda for November 22, 1999. Councilmember Stover requested Item 3A be removed from the Consent Agenda. The agenda was accepted as amended. Zerby moved, Stover seconded, accepting the agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes November 8,1999 Lizee moved, Stover seconded, approving the City Council Special Meeting Minutes for November 8,1999, as amended, on page 1, change "October 8" to "November 8. "Change roll call to show Stover arrived at 6:10 P.M., Change "Motion passed 3/0" to "Motion passed 4/0," and the time of the adjournment from 7:37 P.M. to 6:37 P.M. Motion passed 4/0. Garfunkel abstained due to his absence during the Special Meeting. B. City Council Regular Meeting Minutes November 8,1999 Garfunkel moved, Zerby seconded, approving the City Council Regular Meeting Minutes for November 8,1999, as amended, on page 3, delete "as has been the choice for the past two years." and adding "In the past two years the trail has been plowed until December L ' Motion passed 5/0. CITY COUNCIL MINUTES - NOVEMBER 22,1999 PAGE 2 OF 2 • C. City Council Work Session Minutes November 8,1999 Garfunkel moved, Stover seconded, approving the City Council Work Session Minutes for November 8,1999, as submitted. Motion passed 510. 3. CONSENT AGENDA Zerby moved, Lizee seconded approving the Motions contained on the Consent Agenda & Adopting the Resolutions Therein: A. A Motion Authorizing Extension of Agreement for Cleaning Services for City Hall and Public Works Facility (Removed from the Consent Agenda and moved to Item 7) B. A Motion Approving an Agreement for Prosecuting Services for the Years 2000 and 2001 and Approving a Letter of Agreement Regarding Forfeitures C. A Motion adopting Resolution No. 99-103, "A Resolution Accepting Bituminous Overlay Project Improvements." D. A Motion Authorizing the Hiring of an Assistant Liquor Operations Manager • Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor. 5. PARKS - Report by Representative Report on Park Commission Meeting Held November 9, 1999 Co -Chair Dallman reported on the matters considered and actions taken at the November 9, 1999, meeting of the Park Commission (as detailed in the minutes of that meeting). Mayor Love thanked Co -Chair Dallman for his comprehensive report. 6. PLANNING - Report by Representative Director Nielson reported on the matters considered and actions taken at the November 9, 1999, meeting of the Planning Commission (as detailed in the minutes of that meeting). • He noted there would be a public hearing on the Housing section of the Comprehensive Plan. CITY COUNCIL MINUTES - NOVEMBER 22,1999 PAGE 3 OF 2 • A. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Six -Foot Fence in Setback Area Applicant: Kirk Dickey Location: Adjacent to 3221 Highway 7, Chanhassen Director Nielson asked the Council to consider issuing the fence permit prior to the resolution being completed so Mr. Dickey could complete the work on his fence before winter. Mr. Dickey was in attendance and asked the same. Zerby moved, Lizee seconded, Direct ing Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for a Six -Foot Fence in a Setback Area and Approving the Issuance of a Fence Permit prior to the C.U.P. for Kirk Dickey, 3221 Highway 7. Motion passed 5/0. B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Variance for Two Houses on One Lot Applicant: Kim Koehnen Location: 6115 Seamans Drive Director Nielson summarized his criteria for compliance with the Zoning Code. He noted the applicant can request an extension past the six-month time limit for building/demolition as long as the extension is requested prior to deadline. • Ms. Koehnen was in attendance and stated she was glad to see this moving forward. Zerby moved, Lizee seconded, Directing Staff to Prepare Findings of Fact Regarding a Variance for Two Houses on One Lot. Motion passed 5/0. C. A Motion to Approve a Preliminary Plat - Seamans Estates Applicant: Kim Koehnen Location: 6115 Seamans Drive Director Nielson stated there is a question about drainage on the property. He noted the Planning Commission requested the final plat be returned to the Planning Commission prior to the City Council acting upon it. Engineer Brown explained the background on this question. He noted the Minnehaha Creek Watershed District would not review a preliminary plat until it has been acted upon by the City Council. Lizee moved, Stover seconded, Approving a Prelimary Plat -Seamans Estates for Kim Koehnen, 6115 Seamans Drive. Motion passed 5/0. D. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Substandard Lot in Shoreland District Applicant: Leo Slechta • Location: 4205 Enchanted Lane CITY COUNCIL MINUTES - NOVEMBER 22,1999 PAGE 4 OF 2 • Director Nielson noted the applicants have revised plans to comply with Code elevation issues. The City Forester will visit the lot in spring to determine damage to the trees on site. Mr. Slechta was in attendance, and Mayor Love suggested that he check on liability issues with the company that may have damaged the trees. Stover moved, Zerby seconded, Directing Staff to Prepare Findings of Fact Regarding a Conditional Use Permit For a Substandard Lot in Shoreland District for Mr. Leo Slechta, 4203 Enchanted Lane. Motion passed 510. 7. GENERAL A Motion Authorizing Extension of Agreement for Cleaning Services for City Hall and Public Works Facility (This item removed from the Consent Agenda for discussion and consideration.) Councilmember Stover noticed the attorney's name was listed incorrectly. Correction was made. Stover moved, Lizee seconded, Authorizing an Extension of Agreement for Cleaning Services for City Hall and the Public Works Facility. Motion passed 510. 8. ENGINEERING/PUBLIC WORKS • Engineer Brown stated he had nothing further to add about these issues at this time. 9. REPORTS: A. Administrator & Staff Engineeris Report on Meeting Held at Tonka Bay on County Road 19 Intersection Improvements Engineer Brown stated Mayor Love and he attended a Public Informational Meeting on November 9, 1999, at the Tonka Bay City Hall from 5:00 to 7:00 P.M. regarding County Road 19 Intersection Improvements. Approximately thirty people were in attendance, and he noted that many people voiced opposition to the preferred alternative. Only a few would like a stop sign or other alternative at this location. He noted the Tonka Bay City Council preferred alternative 1 or something like alternative 2, differing from the City and Hennepin County's choice to realign the intersection. He also noted the Tonka Bay City Council and the Shorewood City Council planned to talk together about coming to an agreement on this issue. Mayor Love stated he thought a number of the concerns heard that night can be addressed. Safety was a concern as well as the outcome of the Tonka Bay Liquor Store. He noted these issues could be addressed with the Tonka Bay City Council and residents, possibly in February, 2000. • CITY COUNCIL MINUTES - NOVEMBER 22,1999 PAGE 5 OF 2 Councilmember Zerby inquired about investigating other previous options. Love responded there • is progress being made, but he believed the City needs to address public perceptions and demonstrate options to the public more clearly as well as having stronger discussions on the issue. Engineer Brown noted there also is concern for the Water Street intersection in Excelsior. Mayor Love commended Engineer Brown on his presentation and thanked him for his effort. Report on Boulder Bridge Badger Field Litigation (Perkins Contracting) Engineer Brown reported on current status in this litigation matter. B. Mayor and City Council Discussion of Ward System for City Administrator Hurm summarized findings on developing a ward system for the City. He noted there seem to be two ways to do this --through development of a charter system and through the use of special legislation. Special legislation allows the City by ordinance to develop a ward system. . Mayor Love noted that Shorewood has unique geography that would lend itself well to a ward system. Hurm further explained how this geography would allow there to be approximately three wards with each ward electing its own councilmember. In addition, a mayor and a councilmember-at-large would be elected to make the City Council. Councilmember Stover suggested looking at the possibility of four wards in an effort to have equal representation throughout the City. Mayor Love responded this could be discussed at a later date. The Council indicated support for moving forward with more discussion on the ward issue. With regard to the LRT trail, Councilmember Lizee stated she thought it was important to stress this is a transition year in the newsletters and media, and to post signs at the entrances to the trail and parks. Mayor Love noted there is a Fire Review Meeting at the Tonka Bay City Hall on November 23, 1999. 0 A r CITY COUNCIL MINUTES - NOVEMBER 22,1999 PAGE 6 OF 2 • 10. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Stover seconded, adjourning the regular meeting to Executive Session at 8:15 P.M. to cover personnel matters and matters of litigation subject to approval of claims. Motion passed 510. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Ja es C. Hurm, City Administrator • • Woody t/ove, Mayor