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010801 CC Reg Min .. . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 8, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES City Administrator Craig Dawson administered the Oath of Office to newly elected Mayor Woody Love and Council Members John Garfunkel and Laura Turgeon. 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:03 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Administrator Dawson requested Item 3A be removed from the Consent Agenda and moved to Item 7B. Councilmember Garfunkel requested Item 3B be removed from the Consent Agenda and moved to Item 7C. Lizee moved, Garfunkel seconded, approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes December 11, 2000 Garfunkel moved, Zerby seconded, approving the City Council Regular Meeting Minutes for December 11, 2000, as presented. Motion passed 4/0/1, with Turgeon abstaining. 3. CONSENT AGENDA Lizee moved, Zerby seconded, approving the Motions contained on the Consent Agenda and Adopting the Resolutions Therein: A. A Motion to Adopt a Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2001 (Removed from Consent Agenda and moved to Item 7B.) B. A Motion to Adopt a Resolution Appointing an Official Newspaper for the City of Shorewood for the Year 2001 (Removed from Consent Agenda and moved to Item 7C.) . . . CITY COUNCIL MINUTES- January 8, 2001 Page 2 of 7 c. A Motion Adopting RESOLUTION NO. 01-001, "A Resolution Setting the 2001 City Council Regular Meeting Dates." D. A Motion Adopting RESOLUTION NO. 01-002, "A Resolution Approving Year 2001 Refuse Hauler Licenses." E. A Motion Adopting RESOLUTION NO. 01-003, "A Resolution Approving Year 2001 Tree Trimmer Licenses." F. A Motion Adopting RESOLUTION NO. 01-004, "A Resolution Approving a Temporary Gambling License - Clarence Clofer Auxiliary Unit No. 259, 24450 Smithtown Road." G. A Motion Adopting RESOLUTION NO. 01-005, "A Resolution Approving the Permanent Appointment of Bonnie Burton as Finance Director." H. A Motion Authorizing Purchase of Long-Term Disability Insurance I. A Motion Authorizing Expenditure of Funds for the Fire District J. A Motion Authorizing Signatories on the City's Bank Accounts and Depositories Motion passed 5/0. 4. MATTERS FROM THE FLOOR Mr. Bob Gagne, 24850 Amlee Road, stated he was a member of the Friends of the Southshore Center Board. He also stated there was a position available for a Councilmember on the Friends Board due to the absence of Kristi Stover from the Shorewood City Council. He further explained the Friends Board met the first Monday of each month from 5:30 P.M.-7:00 P.M., and it was nice to have a City Council representative on the Board for questions and communication between the parties involved in various activities and concerns throughout the year. Mayor Love also asked Mr. Gagne to report on the fire in the Center parking area. Mr. Gagne explained the fire had taken place on January 1, 2001, at approximately 4:00 A.M. No injuries were reported, however, a "short" in a centrally parked bus caused a fire. He noted there were three buses parked on the premises with the center bus having the "short." The other buses, parked in close proximity were burned as well, and all three sustained significant damage. All the buses were fully insured and will be replaced or repaired as needed. He noted the well building was intact. He also requested the City be on a "call list" for emergencies at the Southshore Center. Mayor Love stated he believed that suggestion to be a good one, and it had already taken place. 5. PARKS A. Report on Park Commission Meeting Held December 12, 2000 Park Commissioner Dallman reported on the matters considered and actions taken at the Park Commission Meeting held December 12, 2000 (as detailed in the minutes of that meeting.) . . . CITY COUNCIL MINUTES- January 8, 2001 Page 3 of7 Mayor Love questioned what standards have been set for adding items, such as the requested irrigation for ballfields, to the Capitol Improvement Plan. Mr. Dallman responded the CIP was examined yearly and discussed for priority according to funding available. If funding was not available for a project, but it was deemed worthwhile, it could be carried over to the next year's list of improvements. Mayor Love commented the concept of trading SOCK fees to offset costs could set a dangerous precedent and should be seriously considered prior to any final decisions regarding such matters. Commissioner Dallman stated he would share this comment with the Commission. 6. PLANNING Chair Bailey reported the January 2, 2001, Planning Commission Meeting was unable to take place due to a lack of a quorum of Commission members. Since that date, he had learned the meeting could have taken place with a majority of members, rather than a quorum of members as previously thought. He apologized for any inconvenience this may have caused anyone in consideration of these matters. A. A Motion to Approve a Commercial Site Plan for Triple B Equities Applicant: Triple B Equities LLC Location: 24470 Smith town Road Director Nielsen provided relevant background on this matter, noting he had received a redesigned proposal of the roof. Previously, a question had arisen as to whether a mansard style roof had been proposed for the entire roof or just the southerly facade of the building. The redesigned plan showed a mansard style roof on the south side only with an extension of the gable roof and eaves. The new design also showed a deep brown roof with taupe siding and a total of eleven windows on the east side of the building. This redesigned plan demonstrated a more residential character and satisfied all previous recommendations by the City. Councilmember Turgeon asked if a security lighting plan had been submitted. Mr. Ebert, architect for Mr. Blair Bury-owner of Triple B Equities, LLC., stated "shoebox" style lighting would be utilized. Councilmember Turgeon also questioned whether the pedestrian easement would be part of this request. Director Nielsen responded affirmatively that it had been part of the original recommendations which had been satisfied. Garfunkel moved, Zerby seconded, approving a Commercial Site Plan for Triple B Equities, 24470 Smithtown Road. Councilmember Lizee stated she believed this plan to be much improved, and she believed it would work better for Mr. Bury. Motion passed 5/0. B. A Motion to Adopt a Resolution Approving a Conditional Use Permit Applicant: Our Savior's Lutheran Church Location: 23290 State Highway 7 Chair Bailey reported the Planning Commission had numerous issues with this request initially-most of them related to the circulation of buses on site. He then commented that personally he believed the revised plan being presented to be much better than the previously submitted plan. . . . CITY COUNCIL MINUTES- January 8, 2001 Page 4 of7 Director Nielsen stated he wanted to focus on the revised plan as presented to Council this evening. Engineer Brown stated the applicant's engineer had revised plans which had greatly improved the bus circulation overall. In addition, he noted the revised plan could be completed despite what MNDot may decide to do with Highway 7 in the future. He recommended approval of the revised plan, subject to the following conditions: 1. All conditions of the City Planner's memorandum dated November 30, 2000. 2. Concrete curb and gutter shall be installed on the perimeter of the parking areas. Plans shall be revised to show curb and gutter on the north side of the westerly parking lot. 3. Utility plans shall be revised to include a sufficient number of hydrants to insure that the laying length of the fire hose shall not exceed 250 feet. Plans shall be revised and submitted to the City Fire Marshal for review and approval prior to the issuance of a building permit. 4. The sanitary sewer service for the parsonage shall be removed and capped at the property boundary, or at the sanitary sewer main which serves that service. 5. The water service for the parsonage shall be removed to the 6-inch water main. Further, Engineer Brown commented the applicant's engineer had addressed problems with the previous grading and drainage plan, with only minor details remaining to be addressed later in the process. Director Nielsen stated the Resolution was not yet completed, but would be available, along with Findings of Fact for this matter, at the January 22, 2001, Regular City Council Meeting. Councilmember Turgeon asked if the revised plans resolved issues of screening the mechanicals on the roof. Director Nielsen responded the architect could possibly be removing them from the roof altogether. Councilmember Lizee questioned whether any changes had taken place in the lighting of the parking areas through revision. Mr. Jeff Machemahl, Building Chairman for Our Savior's Lutheran Church, stated the poles would be remaining as shown, however, they would be repositioned to accommodate necessary changes in that area. Councilmember Lizee commented she was very happy with the changes. Councilmember Zerby concurred, noting he believed it to be a good solution for all issues. Lizee moved, Turgeon seconded, Directing Staff to Prepare a Resolution with Findings of Fact Regarding a Conditional Use Permit for Our Savior's Lutheran Church, 23290 Highway 7. Motion passed 5/0. C. A Motion to Direct Staff to Prepare a Findings of Fact Regarding a Setback Variance Applicant: James Russell Location: 26080 Birch Bluff Road . . . CITY COUNCIL MINUTES- January 8, 2001 Page 5 of7 Mr. James Russell, 1566 Quebec Avenue North, Golden Valley, and owner of this property, addressed the Council. He explained last summer he had wanted to put in a frost footing under his 120 year old house. After review of Director Nielsen's recommendations and actions of the Planning Commission, he had decided to engage an attorney. In his attorney's opinion, maintenance and alterations to his home were allowable under current City ordinances, thus, no variance would be necessary. He stated he was withdrawing his request for variance this evening and would be taking whatever actions necessary to appeal Director Nielsen's recommendations. 7. GENERAL A. Consideration of an Appointment to the Shorewood Planning Commission Turgeon moved, Zerby seconded, approving the interim appointment of Mr. Jim Pisula to the Shorewood Planning Commission and setting interviews for potential Planning Commissioners for January 22,2001, at 6:00 P.M. Motion passed 5/0. B. A Motion to Adopt a Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2001(This item was removed from the Consent Agenda for consideration and discussion.) Discussion centered on rotating the representation on these committees with final agreement being a quarterly rotation of Councilmembers. Garfunkel moved, Zerby seconded, Adopting RESOLUTION NO. 01-006, "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2001. Motion passed 5/0. C. A Motion toAdopt a Resolution Appointing an Official Newspaper for the City of Shorewood for the Year 2001(This item was removed from the Consent Agenda for consideration and discussion.) Councilmember Garfunkel stated his concern to be the same as last year with regard to this issue. He believed the official paper should have a neutral stance related to political offices. Garfunkel moved, appointing the Lakeshore Weekly News as the Official Newspaper of the City of Shorewood for the Year 2001. After asking three times, Mayor Love noted this motion failed for lack of a second. Zerby moved, Lizee seconded, the Sun Sailor and Laker be appointed as the Offiical Newspaper as part of RESOLUTION NO. 01-007, "A Resolution Appointing an Official Newspaper for the City of Shore wood for the Year 2001. Motion passed 4/1, with Garfunkel dissenting. 8. ENGINEERING/PUBLIC WORKS A. A Motion to Adopt a Resolution Accepting Public Improvements for Christmas Shore Engineer Brown noted staff had reviewed the required testing of utilities and roadways and concurred the public improvements were ready for the City's acceptance and perpetual maintenance. . . . CITY COUNCIL MINUTES- January 8, 2001 Page 6 of7 Zerby moved, Garfunkel seconded, adopting RESOLUTION NO. 01-008, " A Resolution Accepting Public Improvements for Christmas Shore." Motion passed 5/0. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Engineer Brown stated there was nothing new to report at this time. 2. Skate Park Engineer Brown reported letters for equipment proposals were out, and equipment should be ordered soon. 3. Eddy Station Engineer Brown happily reported the flooring was completed, as well as the interior painting. He noted a walkthrough involving a substantial completion check should be taking place in the next two weeks. He anticipated a dedication of the building could take place once warmer weather returned for the season. 4. County Road 19 Intersection A meeting had been scheduled for January 11, 2001, for Administrator Dawson and Mr. Bill LaBelle, Tonka Bay City Councilmember, at 8: 15 A.M. at Shorewood City Hall to discuss this intersection. B. Mayor & City Council Mayor Love reported on a number of issues. He noted a standardized formula had been approved by the South Lake Police Coordinating Committee. He appreciated Council's support in resolving this matter, noting this formula should help with better law enforcement for all participating communities. Mayor Love also reported Mr. Mark DuCharme was named to the position of Fire Chief for the Excelsior Fire District. Administrator Dawson stated there may be a reception for the new Chief on January 22, 2001, after the Fire District Meeting. He stated he would report back to Council on this matter. Councilmember Zerby stated he had two items related to protocol. He noticed a Minnesota flag did not appear outside City Hall or inside Council chambers. He wondered if there was interest in having this flag appear in these areas. Secondly, he noticed signage outside City Hall does not say "City Hall" on it, except for on the building itself, which could be difficult for people to see when trying to locate the building from the road. In addition, Mayor Love stated a two year agreement with the Police Officer's Union had been signed continuing police protection for the City. . . . . CITY COUNCIL MINUTES- January 8, 2001 Page 7 of7 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Garfunkel seconded, adjourning the January 8, 2001, Regular City Council Meeting, subject to the approval of claims at 8:15 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary (1 Woody Love, Mayor ATTEST: