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082701 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 27, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Acting Mayor Garfunkel called the meeting to order at 7:04 P.M. A. Roll Call Present: Acting Mayor Garfunkel; Councilmembers Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Mayor Love B. Review Agenda Acting Mayor Garfunkel reviewed the Agenda for this evening. Administrator Dawson requested Item 12A5, Consideration of a Date for a Work Session, be added to this evening's Agenda. Councilmember Lizee requested Item 13, be rescheduled to the September 10, 2001, Regular City Council Meeting when full Council could be present. Lizee moved, Zerby seconded, approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes August 13, 2001 Turgeon moved, Zerby seconded, approving the City Council Regular Meeting Minutes for August 13, 2001, as presented. Motion passed 4/0. B. City Council Work Session Meeting Minutes August 13,2001 Lizee moved, Zerby seconded, approving the City Council Work Session Meeting Minutes for August 13, 2001, as presented. Motion passed 4/0. 3. CONSENT AGENDA Lizee moved, Turgeon seconded, approving the Motions contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Approval of South Lake Minnetonka Police Department Budget C. Approval of Excelsior Fire District Budget D. 2002 Budget and Tax Levy Status Report . . . REGULAR CITY COUNCIL MEETING MINUTES August 27, 2001 Page 2 of 11 E. Adopting RESOLUTION NO. 01-048, "A Resolution of Final Acceptance for Covington Road/ Vine Hill Road Trail Improvement Project and Authorization for Payment." F. Authorization to Execute Stipulation for Dismissal re: Eller Case G. Adopting RESOLUTION NO. 01-049, "A Resolution Approving a Temporary Gambling License for the Southshore Senior Center, 5735 Country Club Road." Motion passed 4/0. 4. 7:00 p.m. PUBLIC HEARING Consider a Resolution to Establish a Shorewood Economic Development Authority (SEDA) Acting Mayor Garfunkel opened the Public Hearing at 7:09 P.M. Administrator Dawson reviewed the history of this resolution explaining the Council had, at prior work sessions, discussed the possibility of creating a Shorewood Economic Development Authority (SEDA). As required by statute, a public hearing was part of the process establishing the SEDA. Notice of this Public Hearing appeared in the August 15 and 22, 2001, issues of the City's official newspaper. Further, he noted the most immediate action of the SEDA, if established, would be to act as a financing entity for the public safety facility(s) to be built at 24140 Smithtown Road. The first meeting of the proposed SEDA would tentatively be scheduled for October 8, 2001. Julie Scheurer, 26930 Edgewood Road, questioned whether the City would be educating the citizenry regarding this matter. She stated she was concerned the efforts made thus far were inadequate in explaining the impact this would have on taxes for residents. She believed a formation of an EDA would increase taxes for city residents and expressed concern that a fundamental change was being made in the City's taxing authority without adequate notification being made to the public. Finance Director Burton eXplained that while a SEDA would have levying authority, no levies had been planned for at least the next two years. Acting Mayor Garfunkel stated the Council was comprised of citizens whose role was to represent other citizens in decision making for the City. He explained that while in that role, he was acting in, what he believed to be, the best interest of all City residents. Furthermore, City residents would not want him to educate them upon every single issue brought before Council. In addition, notification was made to the public in many instances in the past through various options, such as minutes of City Council meetings, televised Council meetings, and notification through public newspapers of the Public Hearing. Council member Zerby commented the impetus behind this decision was not additional taxation of citizens, but financing the public safety facilities recommended by City staff. Ms. Scheurer then asked the Council to postpone making a decision on this matter until the citizenry could be educated via newsletter, articles, etc., in a fair manner. Councilmember Lizee stated she agreed public notice had not been sent individually to residents; however, a number of front-page articles had appeared in the local newspapers in addition to the methods of notification previously discussed. . . . REGULAR CITY COUNCIL MEETING MINUTES August 27, 2001 Page 3 of 11 Finance Director Burton invited Ms. Scheurer to meet with the City Attorney, City Administrator, and herself in effort to adequately explain the matter. Acting Mayor Garfunkel thanked Ms. Scheurer for her comments. Seeing no others present wishing to address Council on this matter, Acting Mayor Garfunkel closed the public testimony portion of the Public Hearing at 7 :21 P.M. Councilmember Turgeon questioned Finance Director Burton regarding the benefits of forming a SEDA. Finance Director Burton explained there were many benefits regarding this formation. The top priority of the SEDA, if established, would be the financing of a new fire facility. She stated there were five cities that would need to finance the proposed public safety facility on Smithtown Road. In an effort to simplify matters, one city would often act as lead in financing. She further explained the SEDA would issue bonds, like a construction mortgage, with the debt to be repaid at a later date. Administrator Dawson explained a levy would not be part of the plans for this facility, as the debt would be repaid by member cities' general city levy. He stated an EDA was the entity allowed and preferred by statute for financing public safety facilities such as this one. Lizee moved, Turgeon seconded, approving RESOLUTION NO. 01-050. "An Enabling Resolution Establishing an Economic Development Authority Under Minnesota Statutes Sections 469.090 to 469.1081." Motion passed 4/0. 5. 7:15 p.m. PUBLIC HEARING Discussion on Organized Refuse Collection Acting Mayor Garfunkel opened the Public Hearing at 7:25 P.M. Administrator Dawson explained the City Council was required by statute to hold a Public Hearing in consideration of a resolution announcing the intent of Council to "organize" refuse collection. He noted the Planning Commission had undertaken an effort to understand community sentiment on this matter by providing a survey in the City newsletter and website. To date, approximately 270 surveys had been tabulated regarding this matter. Jeff Foust, 5000 Shady Island Point, stated this topic had come up approximately five years ago. With five different trash haulers being present almost daily to service thirty homes, the Shady Island Homeowners Association voluntarily agreed to contract with one hauler. He noted there were two of the thirty property owners opting to work with other haulers, but overall, he deemed it a success. Councilmember Zerby questioned Mr. Foust whether an increase or decrease in rates of service had been accomplished in choosing one hauler for that area. Mr. Foust stated collective bargaining had not taken place, however, he believed the City would most likely be able to negotiate as it was working on a larger scale. Gaylord Pahl, 5100 Anthony Terrace, stated he thought the idea of reducing the number of haulers due to issues of road usage was valid; (and therefore more specialized) however, he was concerned for the potential rate increase as a consequence of requiring smaller trucks to be utilized on City roadways. He believed the cost results would be passed to the end user, and he wondered whether added increases would occur to obtain a wider variety of services. . . . . REGULAR CITY COUNCIL MEETING MINUTES August 27, 2001 Page 4 of 11 Council member Turgeon stated these were valid questions that were being explored as pmt of the process of study for organized refuse collection. She noted there were many possibilities and options to be explored as well, making public input very important. Councilmember Zerby stated there were many ways to approach this matter with a possible goal of trying to decrease the number of trucks traversing City roadways. He explained the process being utilized per state statute would define more specific options as well. Julie Scheurer, 26930 Edgewood Road, stated she believed this matter to be a microscopic one, not really worthy of consideration at this time. She requested the City separate residential services from commercial services to avoid a subsidy. Further, she stated she was satisfied with her existing service. She believed competition kept costs down, and she did not want the City to tell her which hauler to use for her trash service. She was not sure where this issue came from, she believed winters enabled caused most of the road condition problems, and she saw this as a non-issue. Acting Mayor Garfunkel closed the Public Testimony portion of the Public Hearing at 7:35 P.M., noting there was nothing preconceived in this study, and the topic required exploration, as per statute, in consideration of this matter. Director Nielsen then reviewed the following stages of the study for Council. Acting Mayor Garfunkel stated the study was in the beginning stages, and the subject of refuse collection had been discussed for many years. He noted the refuse trucks operated with exemptions to the weight restrictions on City roadways in the winter. Council member Lizee stated she was pleased the Planning Commission had considered this part of the work plan for this year as much varied feedback had been gathered. Councilmember Turgeon stated competition was part of the process, and she appreciated all survey responses. Turgeon moved, Zerby seconded, to direct staff to prepare a Resolution Regarding an Intent to Organize Refuse Collection. Motion passed 4/0. 6. PRESENTATIONS A. Presentation of Awards to Former Park Commissioner for Service on the Park Commission Acting Mayor Garfunkel expressed gratitude and presented an award to Paula Berndt for her time spent working on the Park Commission over the past two years. Ms. Berndt stated she was proud to receive the plaque from the City. She stated she enjoyed working with the Park Commission, noting it was comprised of good people that worked well together. Also, she noted she thought her work with the Commission provided her the opportunity to get inside the political arena and voice her opinion as needed. She stated she had a learned a great deal and appreciated the time spent on the Park-Commission. B. Report on Live Cablecasting from Jeff Foust, City Representative to the LMCC Jeff Foust, City Representative to the Lake Minnetonka Cable Commission (LMCC), repOlted on LMCC funding and other issues related to cable services for City residents. . . . REGULAR CITY COUNCIL MEETING MINUTES August 27, 2001 Page 5 of 11 Councilmember Lizee questioned why the City had only a single cable provider. Mr. Foust explained the current franchise agreement was non-exclusive; however, Mediacom was the only provider interested in working in the area. He noted efforts had been made, such as having sixteen cities comprising the LMCC, to generate interest in the area for cable providers. He also noted it seemed as though housing density was an issue of concern for providers. Council thanked him for his report. C. Lake Minnetonka Conservation District 2002 Budget Presentation by Tom Skramstad Tom Skramstad, Treasurer of the Lake Minnetonka Conservation District (LMCD), made presentation to Council regarding the proposed 2002 LMCD Budget. He noted financial capabilities had been examined, and an increase in value of services had been received. He also noted there would be an approximate $2500 increase in the City's contribution for the Year 2002, due to a number of factors. He noted the LMCD Management Plan called for a Boat Density Study and a User Attitude Study to take place. Typically these studies had been funded periodically as needed; however, funds would be allocated yearly to avoid the shifts in contributions. In addition, he noted milfoil harvesting had been increased as well as savings attained in labor this summer. He also noted reserve funds were being built up for the Administration and EWM/Exotics programs. Acting Mayor Garfunkel thanked him for his report and stated it was very helpful. Mr. Skramstad, in response to Councilmember Zerby's question, explained the Gray's Bay Marina would become a public boat launch in the future. 7. MATTERS FROM THE FLOOR There was no one present wishing to present matters from the floor this evening. 8. PARKS A. Report on Park Commission Meeting Held August 14,2001 Commissioner Bix reported on matters considered and actions taken at the August 14, 2001, Park Commission Meeting (as detailed in the minutes of that meeting). Engineer Brown sadly reported there had been two acts of vandalism at Eddy Station recently. South Lake Minnetonka Police had been notified and were investigating the incidents. In addition, he noted the City would be investigating creative solutions for additional security measures at Eddy Station. 9. PLANNING Commissioner Pisula reported on matters considered and actions taken at the August 21, 2001, Planning Commission Meeting (as detailed in the minutes of that meeting). . REGULAR CITY COUNCIL MEETING MINUTES August 27, 2001 Page 6 of 11 . A. Variance Request - Setback and Variance to Structurally Alter a Nonconforming Structure Applicant: James Russell Location: 26080 Birch Bluff Road Director Nielsen presented historical information relating to the request before Council. He noted there had been an issue of struggle regarding continued use of the fire lane as a driveway when being considered by the Planning Commission. He stated the Planning Commission had requested a right-of- way permit be obtained for continued use of the fire lane as a driveway and with the provision that should the house be tom down a new driveway would be placed in a compliant location on the site. Mr. Bob Schaeffer, of Foundation Architects and representing Mr. Russell in this matter, noted the history of the project seemed a bit strange in that Mr. Russell was working with a site that was non-compliant and was trying to do the right thing according to City requests that appeared to be excessive. Council member Turgeon stated she had a number of questions regarding this matter. She stated she had been concerned regarding the driveway issue and had requested Engineer Brown and Director Nielsen review the site again regarding the feasibility of adding a driveway in a compliant location. She reported Engineer Brown stated a driveway could be added on the site with a cross-culvert beneath the drive. Councilmember Zerby stated the fire lane had been used as such for a number of years and having Mr. Russell maintain the drive was somewhat useful to the City. He also stated Mr. Russell had agreed to remove approximately forty percent of the driveway hardcover in an effort to be more compliant. He stated he was comfortable with the use of the recommended permitting process, as it seemed an . acceptable use. Council member Turgeon stated she was also concerned a precedent could be set by this case. In addition, she was also concerned for what would happen to the property once Mr. Russell would no longer be the owner. She could understand the proposal if there were no other options, but her suggestion was not to prevent a driveway for the site but only make it compliant with zoning codes set forth by the City. Councilmember Lizee agreed with Councilmember Turgeon, noting the property had the capability to comply. She was concerned there could be potential difficulties in trying to track the right-of-way permit over time without a time limit being placed on the use. Commissioner Pisula stated the Planning Commission had thought the permitting process was a way to provide reasonable accommodation to Mr. Russell as the use was not going to change from the past fifty years, and the City would be able to control the inconsistency when the property changed hands. Administrator Dawson stated it was important to consider the impressions to the public so they would know it was considered a fire lane and not think they would be trespassing on the property. Chair Bailey of the Planning Commission was also in attendance and explained the Commission had not had the benefit of the information presented by Engineer Brown this evening as part of its decision or perhaps the outcome may have been different. . Engineer Brown commented there were a number of driveways in the City with "speed bumps" to avoid water draining to a garage area. He noted with a cross-culvert and appropriate grading for drainage, water in the garage area could be avoided. REGULAR CITY COUNCIL MEETING MINUTES August 27, 2001 Page 7 of 11 . Councilmember Zerby stated he believed this recommendation to be a bit severe as a requirement to fixing a house originally damaged by a tree during a storm. Turgeon moved, Lizee seconded, approving the Setback and Variance Requestto Structurally Alter a Nonconforming Structure, subject to staff recommendations and the applicant be granted a right- of-way permit for two years or until construction of a garage, which ever comes first, with a driveway being built on the property directly off Birch Bluff Road, for James Russell, 26080 Birch Bluff Road. Councilmember Zerby stated he would like for Mr. Russell to be able to respond to these requests before a formal decision was made. Mr. Schaeffer stated he could speak on Mr. Russell's behalf in these proceedings. He stated he was concerned with the excessive number of requests from the City throughout the history of this project. He believed it a punishment to have to put in a driveway as a result of attempting to take charge of the situation. He stated the drive was not affecting the property in any way, and its use was not changing. He noted while a driveway could be placed on the property, it should not be required. He reiterated that the Russells were trying to fix their roof and a number of requests had been issued from the City as a result. Director Nielsen restated that the request for foundation changes had triggered the need for a variance. He stated the roof could simply be fixed without the need for any additional requests from the City. Discussion ensued regarding options for remedy of concerns of Council. . Motion failed 3/1, with Zerby dissenting, as four votes were needed for approval. Zerby moved, Garfunkel seconded, to continue this matter until the September 10,2001, Regular City Council Meeting when Mr. Russell could be present. Councilmember Zerby stated he believed this to be fair, and Mr. Russell deserved to be present prior to formal decisions being made. Motion passed 3/1, with Turgeon dissenting. B. Concept and Development Stage Plans for a Residential Planned Unit Development Applicant: Lecy Construction Location: 6185 Apple Road Director Nielsen reviewed the background pertaining to this matter. He noted the applicants were applying for a conditional use permit approving a planned unit development for the site. The applicants had previously requested preliminary plat approval for this same site and were directed to respond to issues raised by City staff and residents as a result of the Public Hearing portion of that approval process. The revised plan before Council this evening still proposed four lots, but eliminated the public street, clustered those proposed homes on the site and created an outlot over which a conservation easement in favor of the City would be recorded. . Director Nielsen explained the applicant had now suggested an alternative driveway location to serve Lot 3. The City Engineer determined that the previously-proposed driveway acting as a shared drive to Lot 3 and 4 was a better solution. That proposal allowed for maximum sight-lines when utilizing the driveway. ~ REGULAR CITY COUNCIL MEETING MINUTES August 27,2001 Page 8 of 11 . If necessary, the City Engineer would allow a widening of that shared drive with a separate drive branching off to serve Lot 3. In this way, a protective covenant over the driveway serving Lot 4 would still be maintained. Also, Director Nielsen noted there would be significantly less site alteration with the revised plan. By clustering the homes on smaller lots on the west half of the property, less grading and tree removal was necessary, resulting in nearly one full acre less of site alteration. In addition, he noted the Planning Commission had recommended suggested development agreements and protective covenants be submitted in the final plan to return to the Planning Commission for final review before being submitted to the Council for approval. Director Nielsen also explained the project would be monitored very closely. Further, there were remedies in place for failure to comply with tree protection fencing and funds would be held in escrow to ensure protective measures took place. Mr. Roy Lecy, owner and developer of the property, and Mr. Peter Knaeble, a civil engineer working with Mr. Lecy, were in attendance and offered to answer any questions Council had. Lizee moved, Turgeon seconded, approving the Concept and Development Stage Plans for a Residential Planned Unit Development with the Planning Commission having final review of these plans for Lecy Construction, 6185 Apple Road. Motion passed 4/0. C. Variance Request - Setback Applicant: Gaylord and Monica Pahl Location: 5100 Anthony Terrace . Director Nielsen reviewed information pertaining to the background of this request as well as how the property complied with the City's variance criteria for rebuilding the center portion of the existing home and building a deck on the home. He also noted there was no need to require additional greenspace for this lot as it was heavily wooded and a conservation easement was being considered for the area. Mr. and Mrs. Pahl were in attendance and offered to answer any questions necessary for Council. Zerby moved, Lizee seconded, approving RESOLUTION NO. 01-051, "A Resolution for a Setback Variance for Gaylord and Monica Pahl, 5100 Anthony Terrace." Motion passed 4/0. D. Variance Request - Setback and Variance to Structurally Alter a Nonconforming Structure Applicant: Scott Olson Location: 6125 Ridge Road Director Nielsen reviewed this request, noting the applicant had received setback variances in 1999 to replace his home. The property was quite substandard with respect to shoreland management regulations, and anything done to the lot would require a variance of some sort. The applicant wished to simply enclose the lower level of the existing home, replace existing decks and build a new porch. The house was currently being supported by a masonry wall on its west side and a series of posts, beams and footings that formed a sort of stilt construction. This structure was considered stable; however, it was difficult to heat and the lower level was wasted space. Except for the porch all work would be done within the existing footprint of the building. In addition, this revised request required minimal site work. . REGULAR CITY COUNCIL MEETING MINUTES August 27, 2001 Page 9 of 11 . Mr. Olson was in attendance and noted he would be available for questions from Council. Turgeon moved, Zerby seconded, approving RESOLUTION NO. 01-052, "A Resolution for Setback and Variance to Structurally Alter a Nonconforming Structure for Scott Olson, 6125 Ridge Road." Motion passed 4/0. E. Licensing Ordinance - Massage Therapist Director Nielsen explained a draft ordinance for licensing by the City regarding massage therapy. He noted the ordinance would include licensing guidelines, definitions, and exceptions for this professional service. Councilmember Zerby questioned Attorney Keane regarding the required number of hours of course work for this license. Attorney Keane explained the number of hours were recommended by a Therapeutic Massage trade organization that promoted licensing in an effort to designate a standard of professionalism for massage therapists. Councilmember Turgeon questioned whether further liability insurance should be required for massage therapists. Attorney Keane responded there were no statewide regulations regarding the insurance designations for this profession; however, it would be reasonable to require additional liability insurance. Zerby moved, Turgeon seconded, approving ORDINANCE NO. 373-B, "An Ordinance for Therapeutic Massage Licensing," with an amendment to the ordinance to require liability insurance of at least $500,000. Motion passed 4/0. . F. Report regarding Interim Ordinance Director Nielsen reported there would be approximately two to four commercial development sites in Shorewood that could be affected by a moratorium as discussed at previous Council meetings. He noted the property owner of the Shorewood Village Shopping Center had submitted a preapplication as part of the planning process for the site to be considered at the October 2,2001, Planning Commission Meeting. In addition, he stated there were areas of the Shorewood Zoning Code that could be strengthened over the course of the next three months; however, the question regarding definition of community-scale could not be determined in that timeframe and would not be completed as part of the Community Visioning process. Acting Mayor Garfunkel stated it appeared the City would have adequate tools and time to strengthen and control development as the Code was written presently, and he did not see the need for a moratorium at this time. Councilmember Turgeon asked whether the zoning standards regarding commercial development needing to be strengthened in the Code could be completed within the next few months. Director Nielsen responded affirmatively with regard to landscaping and possibly construction requirements. Councilmember Zerby expressed appreciation for having discussions regarding the possibility of a moratorium on certain aspects of commercial development, as they would allow the City to refine and strengthen the Code in an effort to do a good job of planning effectively for the future. . Council thanked Director Nielsen for his efforts regarding this issue. REGULAR CITY COUNCIL MEETING MINUTES August 27, 2001 Page 10 of 11 . 10. GENERAL A. Appointment to the Land Conservation and Environment Committee Lizee moved, Zerby seconded, appointing David E. Downs to the Land Conservation and Environment Committee (LCEC) with a term lasting until at least June 2002. Motion passed 4/0. B. Appointment to Shorewood Park Foundation Board of Directors Turgeon moved, Zerby seconded, appointing Roxanne Martin to the Board of Directors of the Shorewood Park Foundation with a term running through February 28, 2003. Councilmember Turgeon stated she believed Ms. Martin would be a dedicated and enthusiastic addition to the Board of Directors of the Shorewood Park Foundation. Motion passed 4/0. C. Authorization of Interim Revenue Commitment to Excelsior Fire District for Land Purchase Finance Director Burton explained the Excelsior Fire District Board had requested its member cities to make interim revenue commitments for the purchase of a fire station site at 24140 Smithtown Road. She noted the City of Deephaven had authorized a $300,000 revenue commitment toward this purchase leaving a balance of $250,000 being requested from the City of Shorewood on an interim basis. She stated the City was in a position to make this level of commitment, and the money could be borrowed . internally from the Sewer Fund. Councilmember Zerby stated he was very appreciative of the support demonstrated by the City of Deephaven in making this financial contribution. Zerby moved, Lizee seconded, adopting RESOLUTION NO. 01-053, "A Resolution Authorizing an Interim Revenue Commitment to the Excelsior Fire District for Land Purchase." Motion passed 4/0. 11. ENGINEERING/PUBLIC WORKS There was nothing new to report at this time. 12. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson noted progress continued to be made in working with the Minnehaha Creek Watershed District regarding this project. More information would be available at a later date. . . . . REGULAR CITY COUNCIL MEETING MINUTES August 27, 2001 Page 11 of 11 2. County Road 19 Intersection Engineer Brown reported possible preliminary layouts of the County Road 19 Intersection project would be available for Council approval at the next meeting. 3. T.H. 7/41 Project Engineer Brown reported construction had started, and there seemed to be two issues of concern related to this project. He noted there would be a sizeable supplemental agreement needed regarding additional earthwork being done on the project; however, he anticipated costs in this agreement would be handled through the use of Municipal State Aid funds. In addition, he stated the potential for striking AFSCME union workers could possibly impact the project and steps would need to be examined with regard to the City's liability in the project. 4. Update on Johnson case Attorney Keane reported this matter was being appealed and review being sought by the Eighth Circuit Court of Appeals at the request of Mr. Ronald Johnson. 5. Consideration of a Date for a Work Session Administrator Dawson requested Council consider a Work Session to be scheduled on October 8, 2001, after the Regular City Council Meeting of the same date to discuss preliminary concept work for Smithtown Road. Council agreed to a Work Session on October 8, 2001, as presented. B. Mayor & City Council There was nothing further to report at this time. 13. RECESS TO EXECUTIVE SESSION This item was continued to the September 10,2001, Regular City Council Meeting Agenda when full Council could be present. 14. ADJOURN Turgeon moved, Zerby seconded, adjourning the Regular City Council Meeting of August 27, 2001, at 10:18 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary (l Woody Love, Mayor