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071000 CC Reg Min . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDA Y, JULY 10,2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Councilmember Stover, acting as Mayor for this meeting, called the meeting to order at 7:10 P.M. A. Roll Call Present: Councilmembers Garfunkel, Lizee, Stover, and Zerby; Planning Director Nielsen; Attorney Keane; and Engineer Brown Absent: Mayor Love B. Review Agenda Garfunkel moved, Lizee seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes June 26, 2000 . Zerby moved, Lizee seconded, approving the City Council Regular Meeting Minutes for June 26, 2000, as presented. Motion passed 4/0. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Authorizing the Mayor and City Administrator to Enter into an Agreement for Recording Services B. A Motion Authorizing Expenditure for a Computer Upgrade Motion passed 4/0. 4. MATTERS FROM THE FLOOR Mr. Ed Bergslien, 24785 Smithtown Road, addressed Council about his concern regarding lack of lighting outside the Driskill's Shopping Center on Highway 7. He noted there is no lighting outside at the Shopping Center and believed lighting should be considered for safety's sake. . Council thanked him for his concern, and Director Nielsen explained Driskill's Shopping Center existed prior to an ordinance requiring lighting in that area. He also stated he would speak to the Manager of the Shopping Center and see if any plans for lighting in the area are currently being proposed. . . . CITY COUNCIL REGULAR MEETING MINUTES - JULY 10, 2000 Page 2 of6 5. PARKS There had not been a meeting of the Park Commission since the last Regular City Council Meeting of June 26, 2000, so there was nothing new to report at this time. 6. PLANNING There had not been a meeting of the Planning Commission since the last Regular City Council Meeting of June 26,2000, so there was nothing new to report at this time. 7. GENERAL A. 7:15 PUBLIC HEARING A Motion to Adopt a Resolution Regarding a Request to Vacate a Portion of a Sanitary Sewer Easement Applicant: Jim and Tracy Akins Location: 27820 Island View Road Acting Mayor Stover opened the public hearing at 7:15 P.M. Director Nielsen provided historical background on this matter noting the applicant is requesting a sewer line currently located on the northerly end of the lot be relocated to accommodate a site plan for a new house and swimming pool. Engineer Brown stated he had received plans for the sewer line construction and noted the plans the applicant had submitted would work from a technical standpoint. He suggested additional insulation be placed between the new sanitary sewer line and the pool to guard against freezing of the line in the winter. Jim Akins, 27820 Island View Road, stated his intent is to make this a "win/win" situation for all parties concerned. Larry Reid, 27780 Island View Road, stated he is the neighbor immediately east of the property and has no problem with the Akins proposal for the sewer line as long as it works correctly. He also stated he believed Schoell and Madson, Inc. to be a competent engineering firm and is only concerned about the potential for a sewer back-up. Acting Mayor Stover closed the public hearing at 7:22 P.M. Councilmember Lizee questioned Engineer Brown about the kind of insulation to be utilized around the pipe. He responded there would be additional cover (fill) over the top of the sewer line as well as rigid foam insulation placed between the pool and the pipeline. Councilmember Lizee also asked about the potential for problems with the approximate forty-five degree bend in the pipe. Engineer Brown likened it to a bent gardenhose where the flow is somewhat slowed, but not impeded. Councilmember Garfunkel asked whether there were potentials for problems with inflow and infiltration so close to the lake. Engineer Brown explained that normally this situation might call for as many as four manholes. However, the manholes are often the trouble spots where the infiltration takes place, so plans . . . CITY COUNCIL REGULAR MEETING MINUTES - JULY 10, 2000 Page 3 of 6 for infiltration have been revised to include only one manhole, thus, nunllIDzmg the concern over infiltration in this area. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 00-068, "A Motion to Adopt a Resolution Regarding a Request to Vacate a Portion of a Sanitary Sewer Easement for Jim and Tracy Akins, 27820 Island View Road," contingent upon the following three conditions being met: 1) The Engineer's Plan being finalized subject to technical review; 2) Additional insulation be utilized between the sewer line and the pool structure, and 3) Vacation of the utility easement not occur until the new utility was in place, had been tested, and was accepted for use. Motion passed 4/0. B. Quarterly Report by LMCD Representative - Tom Skramstad Tom Skramstad, Lake Minnetonka Conservation District Representative, provided a report on ten items discussed by the LMCD in the past three months. Mr. Skramstad asked for Council's input regarding a request for additional liquor licenses for tour boats on Lake Minnetonka. Director Nielsen reported Mayor Love's concern about the number of licenses currently existing and problems taking place as a result of the number of licenses already issued. Also, Mayor Love wondered how many licenses were being considered for expansion. Mr. Skramstad explained this was a preliminary discussion and no exact number of licenses had been discussed. Councilmember Lizee stated she would like to see some information come forward from the tour boat businesses as a group regarding plans and projections for the new liquor licenses. Acting Mayor Stover questioned the number of DWI's resulting from these liquor licenses. Mr. Skramstad did not believe that information to be available. Councilmember Garfunkel asked about compliance checks being done on the tour boats with regard to any underage drinking. Mr. Skramstad responded he did not believe this was being done at this time, however, he believed the tour boat operators were responsible people concerned with running a good business. Acting Mayor Stover asked if the tour boats carried dram insurance as well. Mr. Skramstad noted he believed they were required to do so. Mr. Skramstad also stated the LMCD had drafted an ordinance in May to help regulate the use of tour boats being used for adult cabaret and exotic dancing. He noted the Shorewood Yacht Club had made application for use of a fourth dock on site and requested information from the Council on this matter as part of Item 7C. Further, he reported on bouys installed at Cruiser's Cove, the City of Woodland's ordinance for phosphorus free lawn fertilizer, boat density regulations, the need for more deputies as part of the Water Patrol, milfoil harvesting, and a tour of the lake by the LMCD Board and the DNR. He also reported an unsubstantiated rumor had been circulating about zebra mussels being found in Lake Minnetonka. Councilmember Zerby noted there is phosphorus in fireworks and wondered if falling debris from fireworks impacted phosphorus levels in the lake in any way. CITY COUNCIL REGULAR MEETING MINUTES - JULY 10, 2000 Page 4 of6 . Council thanked Mr. Skramstad for his report as well as the continued positive efforts by the LMCD in working with the cities around Lake Minnetonka. C. Report on Shorewood Yacht Club, LMCD Permit Request Director Nielsen provided background information on this matter. He stated the City has a number of concerns related to the request from the Shorewood Yacht Club, noting the purchase of new property was being used to support a request from the LMCD for additional dock usage. Director Nielsen explained the proposed docks do not meet the sideyard setbacks of ten feet from side lot lines extended into the water as per City ordinance. Also, the CUP on file included only 80 docks slips. This was based on a revised application from the Yacht Club, issued approximately twenty years ago pursuant to a court decision which originally called for 125 dock slips versus the 80 slips requested in the revised plan approved by the City. . Mr. John Cross, owner of the Shorewood Yacht Club, as well as his attorney, Mr. Walter Baker, were in attendance and addressed the Council. Mr. Baker stated he was not prepared to deal with this matter this evening, but noted it was his understanding that the matter of application of the Shorewood Yacht Club was approved at an LMCD meeting, subject to a couple of conditions, by a majority vote. It is also his understanding there was a request from the LMCD to the City for comments. Further, he stated there were a number of issues needing to be resolved regarding this matter, but preferred it be done at another time after he had ample time to research the matter more thoroughly. He also stated he believed the LMCD process was coming close to an end-with approval, subject to comments from the City. Also, he believed this application is not new, but rather, completion of a prior process of direction by the courts for 125 dock slips. Councilmember Garfunkel requested verification about the accuracy of Mr. Baker's perception of the decision made by the LMCD. Mr. Skramstad, LMCD representative, responded the attorney for the LMCD had been authorized to complete findings of fact regarding this matter, but no formal vote had been taken to approve the request from the Shorewood Yacht Club. Councilmember Garfunkel asked Director Nielsen if the City was precluded from upholding City ordinances related to this site if the LMCD approves a variance in this matter. Director Nielsen responded the City was not precluded from upholding ordinances if the variance is approved by the LMCD. Councilmember Lizee asked Mr. Baker when the Shorewood Yacht Club might be approaching the Council with the application for variance. Mr. Baker stated he believed the application for variance was covered in an earlier court decision, and there was no need to make application. Attorney Keane explained this is an informational item brought forward for Council's awareness. He suggested it may be appropriate, in an effort to benefit all parties concerned, to ask the LMCD to advise the Council prior to taking any final action on this matter. Thus, if the Yacht Club decided to expand prematurely, the City had responded to the assertion that no City permits are required. Mr. Baker stated he believed the recent purchase of additional land was irrelevant to the application being made to the LMCD because of the previous court order. . . . . CITY COUNCIL REGULAR MEETING MINUTES - JULY 10, 2000 Page 5 of6 Acting Mayor Stover stated it was her understanding the City had jurisdiction over land and the LMCD over the water. If the Yacht Club was requesting use of additional docks, it was her understanding that an application would be needed for land use. Mr. Baker responded the Yacht Club is interested in adding one more "dock finger" off an existing dock, whose jurisdiction was held by the LMCD. Councilmember Zerby asked Mr. Baker about the intent of other issues, such as parking and lighting. Mr. Baker answered he was not prepared to discuss these matters at this time before being able to obtain and present factual information to the Council. Councilmember Zerby next questioned the intent of the recent purchase of additional land next to the Yacht Club. Mr. Baker responded it was not the intent of the Yacht Club to improve the recently acquired property. Director Nielsen asked if the Yacht Club would be making application to the LMCD without the newly acquired land. Mr. Baker responded the Yacht Club would not be able to make application without it. Councilmember Lizee stated it was her understanding the newly acquired land was zoned residentially; not commercially as would be needed for use as part of a marina. She speculated this may be a rezoning issue that would require application to the City for future use. Councilmember Garfunkel noted the zoning for land use would not change simply because a new owner had acquired it. Mr. Baker stated he believed that all parties involved want to comply with court judgments related to this issue. Garfunkel moved, Lizee seconded, directing staff to request the LMCD to communicate to the City the status of the Shorewood Yacht Club application, and to give the City notice prior to any contemplated approval of final approval of permits. Motion passed 4/0. 8. ENGINEERING/PUBLIC WORKS Engineer Brown stated there was nothing to report at this time. 9. REPORTS A. Administrator & Staff 1. Gideon Glen. Report on selection of appraiser Director Nielsen reported an appraiser had been hired and was nearing completion of the appraisal on this property. A final report should be presented at the July 24, 2000, Regular City Council Meeting. 2. Skate Park . . .~ .. CITY COUNCIL REGULAR MEETING MINUTES - JULY 10, 2000 Page 6 of6 Engineer Brown explained there were a number of issues surrounding the Skate Park to be considered in terms of long-term plans and feasibility of costs and funding. More information will be available at the upcoming City Council Meetings. 3. Eddy Station Engineer Brown reported there is a preconstruction conference scheduled for later this week, and he will report on this at a later date. 4. Covington-Vine Hill Road Trail Project Engineer Brown stated the asphalt has been poured on this project and noted it has proceeded in a timely manner. 5. Infiltration and Inflow Reduction Project Engineer Brown happily reported the infiltration and inflow reduction projects are successful. For example, one manhole on Enchanted Island had been believed to be taking on approximately ten million gallons of water. While these projects cost the City approximately two to three thousand dollars, they are sure to be saving far more than they cost to complete. 6. Administrator search Director Nielsen reported the search for an administrator is beginning utilizing the Brimeyer Consulting Group. Selection of finalists is anticipated in early October of 2000. B. Mayor & City Council Councilmember Lizee reported the Fourth of July Committee would meet on July 12, 2000, to wrap up this year's celebration. She noted the orchestra performed exquisitely, and the fireworks were fabulous at the Fourth of July Celebration. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Zerby moved, Garfunkel seconded, adjourning the Regular City Council Meeting of July 10, 2000, at 8:25 P.M., subject to the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary