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112700 CC Reg Min ~ . . . CITY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, NOVEMBER 27, 2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00P.M. MINUTES 1. CONVENE REGULAR COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Stover, and Zerby; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Attorney Keane B. Review Agenda Mayor Love reviewed the Agenda. Director Nielsen noted there would be an Executive Session Meeting immediately following this Council Meeting to discuss issues regarding the Gideon Glen billboard litigation. Mayor Love requested Item 9B, A Discussion on Fertilizer Legislation, be added to this evening's Agenda as well. Lizee moved, Garfunkel seconded, approving the Agenda as amended. Motion passed 5/0. C. Presentation by Ken Jarco, City's Insurance Agent Mr. Ken Jarco, the City's Insurance Agent and a partner in the Ken Jarco Insurance Agency, provided a brief presentation of the City's property and liability insurance coverage. He noted the coverage was made available through the League of Cities Insurance Trust. He explained there was a reduction in the annual premium this year of approximately seven thousand dollars due to current loss experience. Attorney Keane arrived at 7:04 P.M. Councilmember Zerby asked Mr. Jarco if this coverage included well coverage. Mr. Jarco responded the City had the broadest coverage available in terms of boilers and machinery. While he could not answer specifically as to whether a certain well outage would be covered, he recommended the City submit any claims of this nature for final determination by the League of Cities Insurance Trust. Mayor Love thanked him for his presentation before the Council. 2. APPRO V AL OF MINUTES A. City Council Regular Meeting Minutes of November 13, 2000 Lizee moved, Zerby seconded, approving the City Council Regular Meeting Minutes of November 13, 2000, as amended on Page 5, Paragraph 4, Sentence 2, change "Borkin" to "Borkon." Motion passed 5/0. . . . CITY COUNCIL MINUTES - November 27, 2000 Page 2 of 7 3. CONSENT AGENDA Garfunkel moved, Stover seconded, approving the Motion contained on the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Adopting RESOLUTION NO. 00-110, "A Resolution Providing for Delinquent Utility Charges to be Levied." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. In the interest of Chief Litsey's time, Mayor Love requested Item 7B, A Discussion on South Lake Minnetonka Police Department Formula, take place at this time. Council agreed. South Lake Minnetonka Police Chief Bryan Litsey thanked the Council for moving this item. He briefly reviewed the discussion held by Council at the November 21,2000, Work Session Meeting. He noted a recommendation was before the Council and asked for a response to this issue. Mayor Love stated this recommendation would authorize the Mayor to act as spokesperson for the Council in showing Shorewood's consensus of approval for the new formula. He also noted all other City Councils involved would have to show approval as well before the new formula would become effective. Councilmember Zerby asked if Chief Litsey believed this matter would need to be revisited prior to the next renewal period. Chief Litsey responded it would be doubtful there would be a need to revisit this issue before the end of the remaining seven year term. Zerby moved, Lizce seconded, approving the Mayor to act as spokesperson for the Council showing Shorewood's consensus of approval for the new formula in action taken by the Police Coordinating Committee. Motion passed 5/0. Chief Litsey thanked Council for their time in consideration of this issue. 5. PARKS A. Report on Park Commission meeting of November 14, 2000 As there was not a representative from the Park Commission available to make a report this evening, Engineer Brown reported on the November 14, 2000, Park Commission Meeting (as detailed in the minutes of that meeting.) 6. PLANNING Mayor Love recused himself from the discussion and action of Item 6A, as he had a previous business association and working relationship with the applicants in this matter. Councilmember Stover acted as Mayor for all discussion and action on this matter. .. . . . CITY COUNCIL MINUTES - November 27, 2000 Page 3 of 7 Commissioner Turgeon reported on the October 3, 2000, and November 21,2000, Planning Commission Meetings. A. Shorewood Yacht Club 1. A Motion to Adopt a Resolution Approving an Amendment to the Shore wood Comprehensive Plan - Land Use Plan Director Nielsen confirmed Councilmember Zerby's understanding that this Resolution was not available for action this evening. This resolution would be on the December 11, 2000, Regular City Council Meeting Agenda. 2. A Motion to Adopt an Ordinance Amending the Zoning for the Shorewood Yacht Club from R-1A1S and R-3A1S to L-R, Lakeshore Recreational Director Nielsen noted the applicant was still trying to arrange financing for the legal combination of parcels relative to this matter. Councilmember Lizee stated she was very hesitant to make or vote on any motion related to this matter until those lots were legally combined as requested earlier in this process. Attorney Keane assured the Council this matter could be brought before the Council again for review in ninety days if the combination had not been approved in that timeframe. Also, Attorney Keane stated no permits for any work on the site would be issued until these parcels were combined. Garfunkel moved, Zerby seconded, adopting ORDINANCE NO. 368, "An Ordinance Amending the Zoning for the Shorewood Yacht Club from R-1A1S and R-3A1S to L-R, Lakeshore Recreational," subject to withholding the publication for ninety days until the Applicant demonstrates evidence of joinder of the property. If the Applicant fails to do so in ninety days, this Ordinance will be brought back to the City Council for reconsideration. Motion passed 4/0. 3. A Motion to Adopt a Resolution Approving a Conditional Use Permit and Variance for the Shorewood Yacht Club. In review of the proposed resolution, Director Nielsen noted he had reviewed a previous resolution related to this matter from 1979, and had incorporated minor additions into this resolution from the 1979 resolution. He had picked items that were appropriate to this matter, but had not been addressed in this process prior to this evening. He stated he had spoken to Mr. Cross, the applicant, and Mr. Cross had only one comment related to the number of power boats requested for dockage. Mr. Cross had previously expressed a need for two power boats, but would now like permission to dock three boats on site in addition to a weed harvester-one of these would be a workboat used for towing boats back to the Yacht Club in the event of problems, a second would be a cabin cruiser for use as a race commissioned vessel, and a third runabout-style boat would be used as part of the sailing camp. Another item addressed in the 2000 resolution included the ownership of the dock as related to the property owners at 5585 Timber Lane. Councilmember Lizee noted these matters required passage by the City pnor to Lake Minnetonka Conservation District approval. CITY COUNCIL MINUTES - November 27, 2000 Page 4 of 7 .. . Councilmember Stover confirmed the inclusion of Item "t." stating no permits would be issued without meeting previous conditions set forth in this process. Much discussion ensued related to the wording of Item "t." with final determination being a request for the item to read, "Prior to any further work alterations, including but not limited to dock pilings or expansion, being done on the site, the Applicant must provide evidence that the land described on Exhibit A, attached hereto and made a part hereof, has been legally combined into one tax parce1." Garfunkel moved, Zerby seconded, adopting RESOLUTION NO. 00-111. "A Resolution Approving a Conditional Use Permit and Variance for the Shorewood Yacht Club. Motion passed 4/0. Acting Mayor Stover returned the gavel to Mayor Love for action on the remainder of the Agenda items. B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for the Expansion of the Clubhouse Facility at the Minnetonka Country Club Applicant: Bo Witrak representing the Minnetonka Country Club Location: 24575 Smithtown Road Director Nielsen reviewed background on this matter, noting this matter had been approved by Council in 1998, however, the construction had not taken place prior to expiration of that permit. While conclusions were still valid from the previous application, the applicant had resolved the golf cart storage issues of concern to nearby residents through the proposed screening with shrubbery along the westerly lot line to take place next spring. . Councilmember Lizee confirmed the golf carts would be parked beneath the new overhang area created in the construction of the ballroom addition. Zerby moved, Stover seconded, adopting RESOLUTION NO. 00-112 , "A Resolution Approving a Conditional Use Permit for the Expansion of the Clubhouse Facility at the Minnetonka Country Club for Bo Witrak representing the Minnetonka Country Club, 24575 Smithtown Road." Motion passed 5/0. C. A Motion Directing Staff to Prepare a Resolution Approving a Lot Line Rearrangement Director Nielsen provided historical information related to this matter. He noted this request would allow the lots to comply more equally with the R 1-C zoning district. Also, this matter was only slightly complicated by the fact that with the subdivision, the existing Shenehon cabin would become nonconforming. In addition, the applicants plan to sell the property, and the new owner planned to demolish the cabin in the spring. Wheeler Smith, attorney for the current property owners, addressed Council, noting he would be available for any questions anyone may have of him. Gerald Goodlund, owner of the adjoining property, also addressed Council and stated the cottage had been there for fifty years, and he had no objection to the cottage remaining an additional two months as requested by the buyer for the property. He also stated, it would be nice environmentally to allow the .. CITY COUNCIL MINUTES - November 27, 2000 Page 5 of7 , new property owners to dismantle the cottage with care in an effort to save some of the building . materials. Councilmember Lizee commented it was nice to see this matter being worked out between neighbors, however, a precedent of six months had been set for demolition in other cases and an extension typically would be easy to obtain if the demolition could not take place in that time frame. Lizee moved, Stover seconded, Directing Staff to Prepare a Resolution Approving a Lot Line Rearrangement. This Resolution should be drafted with a deadline of June 30, 2001, and if applicant needs an extension, a request should be made prior to expiration of the deadline. Motion passed 5/0. 7. GENERAL A. Motion Authorizing Transfer of Funds for the Gideon Glen Land Acquisition. Zerby moved, Lizee seconded, authorizing Transfer of Funds for the Gideon Glen Land Acquisition. Attorney Keane commented that all best efforts by all parties came together to allow the closing for this property to take place on November 28,2000, and it should be a great day! Motion passed 5/0. . B. Discussion on South Lake Minnetonka Police Department Formula This item was discussed previously in the meeting immediately after Item 4 on the Agenda. C. A Motion to Approve a Letter of Understanding Regarding the Hiring of a City Administrator/Clerk This item was inadvertently skipped at this time, and can be found under Item 9A4. 8. ENGINEERING/PUBLIC WORKS Engineer Brown stated there were nothing to report at this time. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Mayor Love stated he had nothing further to report at this time. 2. Skate Park Engineer Brown reported the actual equipment for the Skate Park had been purchased. . . \ ~ ~ ~ CITY COUNCIL MINUTES - November 27, 2000 Page 6 of 7 3. Eddy Station Engineer Brown stated the project was moving along nicely. Eddy Station was enclosed, and the interior construction was taking place. A substantial completion date was targeted as January 15,2001. 4. County Road 19 Intersection There was nothing new to report on this matter at this time. At this time, Council agreed to discuss and take action on Item 7C on the Agenda. Director Nielsen happily reported Mr. Craig Dawson, current City Manager for the City of Excelsior, Minnesota, was offered the position of City Administrator for Shorewood. A "start date" for this position would be January 2, 2001. Lizee moved, Stover seconded, Approving a Letter of Understanding Regarding the Hiring of a City Administrator/Clerk. Motion passed 5/0. B. Mayor & City Council Mayor Love introduced an observer at this meeting as Paul Winkelman, of Boy Scout Troop No. 345, who stated he was observing the meeting as part of conditions needed to earn his Communications Merit Badge. Mayor Love and Council welcomed him as part of the audience at this meeting. 1. Excelsior Fire District Mayor Love reported there were seven candidates for District Fire Chief which would be narrowed to three candidates. A final candidate would be brought to the Fire Board and hiring would commence in December. He noted temporary quarters had been rented in Excelsior for Fire District offices. This close proximity to the current fire station would allow the Fire Chief and Fire Marshal to respond quickly to calls. In answer to Councilmember Stover's question, Mayor Love explained possible locations of fire stations. He explained the Excelsior Fire District would be acting as a fire department for all cities. Noting the current fire district had been in place for approximately fifty years, Mayor Love stated the creation of the Excelsior Fire District would be one of the biggest investments in infrastructure for quite some time. 2. Discussion on Fertilizer Legislation Mayor Love explained the Minnesota Association of Watershed District would be meeting in the near future. As part of discussions at this meeting, it was anticipated there would be information shared related to the findings that phosphates in turf fertilizer were deemed to be a waste of resources. Also, as part of these discussions, he noted Shorewood's recent resolution related to the restrictive sale of phosphate fertilizers could possibly be used to help formulate wording for a proposed metro wide resolution of similar nature. He asked for discussion by Council with final consensus supporting this action at the upcoming Watershed District meeting. . . . . CITY COUNCIL MINUTES - November 27, 2000 Page 7 of 7 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Garfunkel seconded, adjourning the Regular City Council Meeting of November 27, 2000, to Executive Session, subject to the approval of claims at 8:35 P.M. Motion passed 5/0. """,.~-\ RESPECTFULLY SUBMITTED, d~~_ Woody Love, Mayor Sally Keefe, Recording Secretary