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032502 CC Reg Min . . . . < CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 25, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:04 P.M. A. Roll Call Present: Mayor Love; Council members Garfunkel, Turgeon, and Zerby; Administrator Dawson; Attorney Keane, Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: Councilmember Lizee B. Review Agenda Garfunkel moved, Zerby seconded, approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting of March 11, 2002 Turgeon moved, Zerby seconded, approving the City Council Work Session Meeting Minutes of March 11, 2002, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes of March 11, 2002 Turgeon moved, Garfunkel seconded, approving the City Council Regular Meeting Minutes of March 11, 2002, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Love reviewed the Consent Agenda. Councilmember Turgeon requested Item 3E be moved to 6D on this evening's Agenda. Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Approval of a Massage Therapist License for Joan Rousar C. Adopting RESOLUTION NO. 02-024, "A Resolution Approving a Biennial Gambling License for American Legion Post #259." D. Maintenance Agreement for Computer Network System . . . CITY COUNCIL REGULAR MEETING MINUTES March 25, 2002 Page 2 of7 E. Approval of Freeman Park Improvements (This item was moved to Item 6D for further consideration and discussion.) 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PRESENTATIONS AND REPORTS A. Presentation of Award for former Park Commissioner Mayor Love presented Mr. Ken Dallman with a plaque of appreciation for his six years of service on the Park Commission. He complimented Mr. Dallman on his positive attitude throughout his years of service and his commitment to accomplishing the tasks at hand. Mr. Dallman thanked the City for the plaque and stated he had enjoyed his six years of service. He believed many accomplishments had taken place in those six years, including establishing a process for a neighborhood to request a trail, and the creation of Eddy Station. He stated he remained committed to raising 10,000 dollars per year to support Eddy Station and as a result, he and his wife planned an Arts and Crafts Show at Minnetonka High School on November 2,2002. He stated he hoped to establish this as an annual event to complement Art on the Lake in Excelsior. He also stated he knew the parks would flourish in the City under the current direction of the Park Commission and Council. 6. PARKS A. Report on Park Commission Meeting Held March 12, 2002 Chair Arnst reported on the Park Commission Meeting of March 12, 2002 (as detailed in the minutes of that meeting). Councilmember Turgeon questioned how best to inform representatives of the sports organization that were not in attendance at the Sports Organization Informational Meeting. Mayor Love stated it would be practical to send them a letter in the mail detailing the policies and procedures discussed at that organizational meeting. B. Discussion Regarding Surveillance Cameras for Eddy Station Engineer Brown explained Staff had reviewed the property with all security consultants regarding proposals for a video security system at Eddy Station. He also explained the best locations for the cameras and the pricing of a security system for this site. In addition, he stated he would review the proposed layout for the site with the South Lake Minnetonka Police Department. C. Concessions at Eddy Station Engineer Brown provided historical background regarding concessions at Eddy Station. He noted the City was counting on concession revenue to pay for a portion of the capital outlay for the building. Vendors and organizations had been solicited, to no avail, over the past two years. As a result, Staff was proposing the City develop a plan to operate the concessions at Eddy Station. CITY COUNCIL REGULAR MEETING MINUTES March 25, 2002 Page 3 of7 . Mayor Love stated he appreciated the efforts in exploring options for the concession stand at Eddy Station. While he could see the merit in having the City run the concessions, he was hesitant to buy expensive equipment to be used for long-term plans. He suggested the equipment be either used or leased for one year, with intent to review this plan at the end of that time. Councilmembers Garfunkel and Zerby expressed interest in reviewing the costs and plan associated with the City running the concessions at Eddy Station. D. Approval of Freeman Park Improvements (This item was moved from Item 3E for further consideration and discussion.) Councilmember Turgeon stated she was confused with the information presented in the Park Commission minutes of March 12, 2002, as well as the information presented in various staff memorandums regarding this issue. With regard to a memorandum from Director Nielsen to Brian Tichy/Gordy Lindstrom, South Tonka Baseball, regarding the Ball Field Improvements at Freeman Park, dated March 22, 2002, Councilmember Turgeon requested a specific date of removal of the scorers booth discussed in Item 7. Engineer Brown stated seven days from this date would be reasonable. Councilmember Turgeon then requested the awning poles referenced in Item 8 of that same memorandum be removed and the request placed with the Conditional Use Permit as she believed that was the correct use of the permitting process. In addition, she requested Item 9 be corrected to state extension of the first base side rather than the third base side. . Mayor Love stated that because this sports organization was comprised of volunteers and cost was an issue, he was recommending the poles be allowed to remain intact, as it would be more cost-effective. Councilmember Turgeon stated she disagreed. She viewed the Conditional Use Permit process as the same for a residence, in which case, the Council would not start construction of a home without a Conditional Use Permit, and thus the poles should be allowed as part of construction in this case. Turgeon moved, Zerby seconded, the correction to Item 7 as well as Removal of Items listed in #8 and 9, in a memorandum from Director Nielsen to South Tonka Baseball regarding the Ball Field Improvements at Freeman Park. Motion passed 4/0. 7. PLANNING Commissioner Packard reported on matters considered and actions taken at the March 18, 2002, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Approval of a Simple Subdivision/Combination Applicant: Michael Clausen Location: 26165 and 26175 Birch Bluff Road Director Nielsen explained the applicant owned the property at 26165 Birch Bluff Road and had applied for a lot-line rearrangement allowing him to swap property with his neighbor, Bill Schenkel, to the west at 26175 Birch Bluff Road. He also had requested a Conditional Use Permit that would allow him to keep the existing house on the property while he built a new house on the same lot. Upon completion of the new house, the existing house would be demolished. . . . . CITY COUNCIL REGULAR MEETING MINUTES March 25, 2002 Page 4 of7 Both of the subject properties were zoned Single-Family Residential/Shoreland. The southerly 62 feet of the Schenkel lot would be conveyed to Clausen. Clausen would then convey a 28-foot strip of land to Schenkel. With regard to the lot-line rearrangement, Director Nielsen explained the proposed subdivision and combination of the property would result in the Schenkel property complying with the minimum lot area for the zoning district. It would also widen the lot to within three feet of the minimum lot width requirement. These improvements would also allow Mr. Schenkel to expand his house to the east at some future date. With regard to the request for Conditional Use Permit, Director Nielsen explained the tree preservation plan for the property, noting care would have to be taken during construction and demolition of the houses to protect one large maple tree located between the two structures. In addition, he explained the Zoning Code allowed the existing house to remain in place for six months from the date the building permit was issued. He noted the proposed house complied in all respects with the setback requirements for the zoning district, and the applicant needed to provide hardcover calculations maintaining a site maximum of 25 percent. Director Nielsen noted Michael and Jennifer Clausen as well as Bill Schenkel were in attendance this evening should Council have any questions of them. He also explained there were two resolutions regarding this matter for consideration this evening. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 02-025, "A Resolution Approving Subdivision and Combination of Real Property for Michael Clausen, 26165 Birch Bluff Road." Motion passed 4/0. B. Approval of a Conditional Use Permit for Two Dwellings Temporarily on One Lot Turgeon moved, Garfunkel seconded, Adopting RESOLUTION NO. 02-026. "A Resolution Approving a Conditional Use Permit for Two Dwellings on One Lot for Michael Clausen, 26165 Birch Bluff Road." Motion passed 4/0. C. Consideration of a Setback Variance Applicant: Jeffrey Johnson Location: 5830 Club Lane Director Nielsen explained the applicant owned the property at 5830 Club Lane and had requested a 37- foot front yard setback variance to build a three-car garage on the east end of the property. He further explained the property was zoned Single-Family Residential, and was occupied by the applicant's house and a small shed. The property was bounded on the west and south by the Minnetonka Country Club golf course, on the east by Club Lane, and on the north by Single-Family Residential zoning areas. The proposed garage measured 24' x 32' and contained 744 square feet of area. Director Nielsen then reviewed the applicant's request with regard to necessary criteria for approval of a variance. He noted the applicant could build a garage within the buildable area of the lot, and noted two possible options for placement on the property that would be in compliance with City Code recommendations. He also noted the proposed garage provided no room for an adequate turn-around. As a result of these issues, he explained the variance was not recommended. Mr. Johnson was not in attendance this evening. Turgeon moved, Garfunkel seconded, to Deny the Setback Variance and Direct Staff to Prepare Findings of Fact for Jeffrey Johnson, 5830 Club Lane. Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES March 25, 2002 Page 5 of7 . D. Approval of a Zoning Code Text and District Amendment Removing the Lake Classification of Lake Linden Director Nielsen explained an amendment was being considered to the City's Shoreland Regulations because the Department of Natural Resources (DNR) had inadvertently classified Lake Linden as a lake in the 1970's. The error had recently been corrected by the DNR, and as a result, was now being correctly classified as a wetland and would be protected as such. The proposed amendment would reflect this change in the City's regulations as well. Mayor Love stated the lake was not being devalued, only reclassified as a result of these ordinance changes. Zerby moved, Garfunkel seconded, Approving ORDINANCE NO. 382, "An Ordinance Amending Section 1201.26, Subd. 4 of the Shorewood Zoning Code - the Shorewood Zoning Map." Motion passed 4/0. E. Approval of a Zoning Code Text Amendment Regarding the Voting Requirement for Certain Zoning Actions . Director Nielsen explained approximately one year ago the state legislature amended the statutes relative to the voting requirements for zoning actions. At that time, Council was given the option to, and unanimously agreed, to keep the Zoning Code as is. Recently the Attorney General wrote an interpretation of the new stature that stated that cities do not have a choice regarding voting requirements for certain zoning actions. The only area where a supermajority vote was required was where residential zoning was being changed to commercial zoning. Turgeon moved, Zerby seconded, Adopting ORDINANCE NO. 383, "An Ordinance Amending Section 1201.04, Subd.l and Section 1201.05, Subd. 3 (Voting Requirements for Certain Zoning ActionsO of the Shorewood Zoning Code." Motion passed 4/0. 8. GENERAL A. Rail to Trail Conversion Along North Shore of Lake Minnetonka Administrator Dawson explained the Dakota Rail line, which runs from Wayzata along the north shore of Lake Minnetonka and on to Hutchinson, Minnesota, had been acquired recently by the Hennepin Country Regional Railroad Authority (HCRRA). It was possible this trail could be converted to a recreational trail at least as an interim use until the HCRRA might determine that it should be rehabilitated for regular rail or light rail transportation. . He also explained the City of Shorewood supported trails and trail opportunities for the Lake Minnetonka community. One of the findings of the Visioning Process was the high value and importance that residents place on the Southwest LRT Regional Trail. It was a transportation system that extended the sense of a unique community across city boundaries. He further explained the possibility of a regional recreational trail along the Dakota Rail line would be an extension of the goals of accessibility to and around Lake Minnetonka. A resolution had been prepared to state City Council support for the rail-to-trail conversion on the Dakota Rail line. .. . . . ,. . CITY COUNCIL REGULAR MEETING MINUTES March 25, 2002 Page 6 of7 Mayor Love stated he strongly supported the adoption of the resolution, as he believed the Dakota Rail line to be as important as the Luce Line and the Southwest LRT trail were to the South Lake Minnetonka area. Councilmember Garfunkel stated he was not sure of the purpose of the resolution other than to symbolically show support. He stated he did not have enough information at this time to take a position, as the matter was somewhat controversial. Councilmember Turgeon agreed. Mayor Love stated his belief that it was a County resource and to that degree, Shore wood had a voice in the matter. Councilmember Garfunkel explained he did not agree or disagree, but wanted more information on the matter prior to making a decision. Councilmember Zerby stated he was supportive as he believed the area to be part of a whole larger lake community, and he saw no harm in showing support in this case. Mayor Love requested a report in two weeks providing additional information. He stated he believed the right-of-way in rail lines was historically for public service. A "rail to trail" conversion would meet the need of public service as well. Councilmember Zerby stated he believed the trail would be a better use of the land than what was currently be utilized. 9. ENGINEERINGIPUBLIC WORKS Engineer Brown stated there was nothing further to report at this time. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson progress continued with the preparation of the Memorandum of Understanding by the Minnehaha Creek Watershed District. He stated he would be meeting with representatives from the MCWD regarding the educational components existing within the project. 2. County Road 19 Intersection Engineer Brown stated plans continued to move forward with this project. He anticipated the bidding phase of the project would be planned for June or July of this year. In addition, Hennepin County would be performing right-of-way acquisition and would be contacting the business owners along this corridor for right-of-entry. Administrator Dawson stated there was a meeting tentatively scheduled for April 18, 2002, regarding the Community Visioning Project. All Park and Planning Commissioners as well as Councilmembers were encouraged to attend. J 1'" CITY COUNCIL REGULAR MEETING MINUTES March 25, 2002 Page 7 of7 . He also noted an informal Open House meeting regarding plans for Smithtown Road was planned for April 4, 2002, from 5:00 to 7:30 P.M. at the Southshore Community Center. Also, he stated a Public Hearing would be held April 8, 2002, regarding City Council representation through a ward system. B. Mayor & City Council 1. Public Safety Facilities Update - Meeting on April 10 Mayor Love stated a meeting was tentatively scheduled for April 10, 2002, at the Southshore Community Senior Center regarding the Joint Public Safety Facility planned for the fire and police departments of the South Lake Minnetonka area. Mayor Love also reported the non-phosphorus fertilizer legislation was progressing in the State Legislature. He anticipated the proposed legislation would be met with a favorable response in the House. He thanked local legislators for continuing to work in the legislature on behalf of this proposed legislation. 11. ADJOURN Garfunkel moved, Zerby seconded, adjourning the Regular City Council Meeting of March 25, 2002, at 8:21 P.M. Motion passed 4/0. . RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary .