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102802 CC Reg Min .. . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 28, 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 7:02 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Associate Attorney Keane, Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the Agenda. Administrator Dawson requested Item 8C, Consideration of a Temporary Gambling License for Minnewashta Elementary School be added to this evening's Agenda. Lizee moved, Zerby seconded, approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, October 14,2002 Turgeon moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of October 14, 2002, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Love reviewed the Consent Agenda. After reviewing the Agenda, he stated City Deputy Clerk Jean Panchyshyn was in attendance to explain Item 3D and clarify the absentee ballot process to be utilized in the upcoming General Election as a result of Senator Wellstone' s recent death. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 02-083, "A Resolution Approving Licenses to Sell Tobacco Products." C. Adopting RESOLUTION NO. 02-084, "A Resolution Directing Delinquent Sewer Charges, Storm Water Utility Charges, Recycling Charges, City Clean-Up Charges, Dry Hydrant Charges, and Sump Pump Charges Be Placed on the 2003 Property Tax Rolls." D. Establishing an Absentee Ballot Board for the 2002 General Election . . . . . REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 2 of8 Deputy Clerk Panchyshyn reviewed the options as they were now this evening for the absentee ballot process with regard to the supplemental election ballot. She stated voters with an absentee ballot in hand intending to vote for someone other than Paul Wellstone could follow the usual absentee ballot process. If a voter had an absentee ballot in hand and wanted to vote for the person the DFL party chose to fill Paul Wellstone's vacancy, then a voter could either use the absentee ballot and write in the name of the candidate of choice; or go to the polls on Election Day to cast a new Regular ballot, along with the supplemental ballot. Should a voter have sent in an absentee ballot with a vote for Paul Wellstone on it, and want to cast a new vote in the US Senate race, it would be necessary to go to the polls on Election Day to cast a new General Ballot and supplemental ballot. Should this occur, the absentee ballot would then be rejected. She also explained Minnesota laws prevented Election Clerks from voiding an absentee ballot and mailing a new supplemental ballot to voters. At this time, the only way to change an absentee ballot vote already cast was to go to the polls on Election Day. She noted this issue was being reviewed by the Secretary of State's office to determine if other options were available for voters that had cast an absentee ballot and were not able to go to the polls on Election Day. She stated City Hall would be open for absentee voting on Saturday, November 2, from 10:00 A.M. to 3:00 P.M. and on Monday, November 4, from 8:00 A.M. to 5:00 P.M. She encouraged voters to refer to the Secretary of State's office website through a link on the City's web site for further clarification on this matter. Council thanked Deputy Clerk Panchyshyn for her proactive work in this matter. E. Approval of a Position Description for Liquor Clerk II F. Approval of Temporary Sign Permit Applicant: South Shore Senior Center Location: 5735 Country Club Road Zerby moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PRESENTATIONS AND REPORTS A. Report by Tad Shaw on Minnetonka Community Education and Services (MCES) activities Tad Shaw, Shorewood's representative to Minnetonka Community Education and Services Board, provided an annual report of expenditures and activities utilized in the past year with MCES. He stated he would no longer be President of the MCES Board and the honor now belonged to Ann Osbourne of Chanhassen. He went on to explain a Minnetonka High School student, Greta Dolse, had been commissioned to design a piece of artwork for MCES. He then shared the commissioned artwork with Council, noting the incorporation of scenes representing each of the ten cities served by MCES. He stated he was proud of the services provided by MCES in past years, noting this program was ahead of other community education programming in other parts of the state. Council thanked him for his report, and noted the beauty of the commissioned artwork presented. . . . REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 3 of 8 B. Report by Tom Skramstad on Lake Minnetonka Conservation District (LMCD) activities Tom Skramstad, Shorewood representative to the LMCD, provided a quarterly report to Council. He reviewed the activities of the LMCD including the implementation of two high water declarations for Lake Minnetonka, discussion of a motorized watercraft amendment, water patrol deputies, solar lighting on buoys, the Milfoil Harvesting Program, zebra mussels, dock audits, deicing permits, and an update on LMCD Board appointments. Mr. Skramstad also explained further information could be gathered at the LMCD web site at http://www.lmcd.org. Mr. Skramstad questioned the status on license violations for the Shorewood Yacht Club. Attorney Keane stated an investigation had been completed and charges had been brought forward in the legal system for violations oflicensing requirements. Mr. Skramstad stated the LMCD would be conducting inspections of the Yacht Club in the near future regarding licensing requirements as well. Attorney Keane stated any anecdotal responses regarding findings of inconsistencies with conditions ofLMCD approval would be helpful in providing consistent action in this matter. Councilmember Lizee questioned the possibility of "closing" Lake Minnetonka in the event of future seasons with continued high water. Mr. Skramstad stated many options were being discussed by the LMCD regarding providing better notification to all boaters of high water declarations as well as further discussions regarding control of lake access in times of high water. Mayor Love thanked Mr. Skramstad for his report, and questioned how cities and the LMCD could work cooperatively to be supportive in regulating rules of each agency. He also suggested conditioning an operating license for marinas on compliance of both LMCD and City regulations. Mr. Skramstad stated this was a good idea, and would speak to the Executive Director of the LMCD about its implementation. Council thanked Mr. Skramstad for his thorough report on this matter. C. Lake Minnetonka Communications Commission budget report by Sally Koenecke, LMCC Administrator Sally Koenecke, Administrator for the Lake Minnetonka Communications Commission, presented Council with the proposed Year 2003 budget. She briefly reviewed the historical member participation in the Commission and then reviewed Shorewood's portion of the budget for the upcoming year. She stated the LMCC had worked aggressively with Mediacom in the past year to remedy areas of complaint and concern regarding the operating franchise agreement, and issues had been resolved in the last month. She also reviewed plans for a remote production truck recently purchased by the LMCC, and asked community members to keep the use of the remote truck in mind for coverage of community events. Council thanked Ms. Koenecke for her presentation of the proposed 2003 budget. Zerby moved, Garfunkel seconded, Approving the Proposed 2003 Budget for the Lake Minnetonka Communications Commission. Motion passed 5/0. 6. PARKS A. Report on Park Commission Open House Held October 22, 2002 . . . REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 4 of 8 Engineer Brown reported on the Park Commission Open House Meeting held on October 22, 2002. He stated the purpose of the meeting was to gather public input regarding the Parks Master Plan and trails within the City. He stated the information discussed at the meeting with the eight residents in attendance centered on issues of traffic speed near the parks. Overall, he stated the meeting was useful, and information gathered would be incorporated into the Parks Master Plan. Engineer Brown stated specific issues related to speeding vehicles near certain park entrances as well as concerns for traffic congestion at the Smithtown Road/Country Club Road intersection. 7. PLANNING Commissioner Gagne reported on matters considered and actions taken at the October 15, 2002, Planning Commission Meeting (as detailed in the minutes ofthat meeting). A. Sign Permit Request Applicant: Snyder Drug Store Location: 23620 Highway 7 Director Nielsen stated this matter had been continued from the October 14,2002, Regular City Council meeting pending clarification of design issues. He went on to explain submitted designs had contained an error, and the design company had submitted a revised plan showing the new wall sign installed within the established signage band on the building. He also noted anchor tenants, such as Snyder's, were allowed three signs. Approval ofthe sign permit was recommended subject to removal of either the large, west-facing pharmacy sign or the smaller one-hour photo sign. Kevin Snyder, with Signart, stated the original application was applied for as two signs. He further explained the original application included "Snyder Pharmacy" and "One Hour Photo" as one sign, with a second sign containing the word "Snyder's" in large script lettering. Discussion ensued between Council, Staff, and Mr. Snyder regarding the definition of one sign as part of the original application. Director Nielsen stated this matter could be continued in order for Staff to research the matter. Without objection from Council, Mayor Love requested the matter be continued to the November 12, 2002, Regular City Council Meeting in order for a full report to be prepared. Dave Hunter, of Snyder's Drug Stores, stated he would not like to see the matter continued, as confusion for customers entering the store was currently a problem. He also stated he would be willing to make concessions to keep the "One Hour Photo" sign as it was a large part of the business. Mayor Love thanked Mr. Snyder and Mr. Hunter for their comments pertaining to this matter, and noted more information would be available at the November 12, 2002, Regular City Council Meeting. 8. GENERAL A. Request from BFI regarding refuse pick-up date on the Islands Director Nielsen stated implementation of the newly established City ordinance regarding refuse collection and recycling taking place on the same day for all Shorewood residents had transitioned smoothly with one exception. He went on to explain the refuse collection company, BFI, Inc., had not received notice of the October 1,2002, implementation deadline for Wednesday pick-up (Thursdays for . . . REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 5 of 8 the Shady and Enchanted Islands). In mid-September of this year, Staff allowed an extension of this deadline to November 1, 2002, provided BFI would send letters to their Shorewood customers explaining the situation. BFI also recently purchased the refuse collection company, Blackowiak & Sons, Inc., which allowed all accounts on Shady and Enchanted Islands. Unfortunately, BPI recently announced to their Shorewood Island residents that they would be switching to Mondays for refuse collection. Dan Jurik, BFI Operations Manager, had now requested that Shorewood allow refuse to be picked up on the Islands on a different day than recycling. The City's new ordinance specifically stated refuse collection would take place on Shady and Enchanted Islands on the same day as recycling collection "unless otherwise authorized by the City Council." In support of their request, BFI conducted a telephone survey of their Island customers. Thirty-six customers responded with mixed results. Results of the telephone survey were shared with Council. Director Nielsen also stated Staff had contacted the recycling company to see if any options were available for changing the recycling day. Due to the size of its service area and number of customers, it was unable to make changes to accommodate this request. Dan Jurik stated he appreciated the opportunity to speak to Council regarding this issue. He explained BPI had fifty-four Island customers and served two other municipalities occupying the Island as well. He stated BFI was not able to provide service on a different day other than Monday. He also explained the structural deficiencies of the Red Bridge to the Islands posed great problems in attempting to provide refuse collection on Thursdays. He stated the company was not trying to undermine the City's ordinances and had made all arrangements to switch the service by November 1,2002, as allowed. He went on to explain it would be safer for BPI to service the Shorewood residents on Monday along with the other two municipalities on the Island than to pickup Shorewood residents' refuse on Thursday and continue with the other municipalities' collection on Monday. He noted this would increase the amount of trucks over the bridge and on City streets rather than decrease the number of trucks traversing the roadways as the objective for the ordinance desired. Councilmember Turgeon stated she was sympathetic to the situation BFI was placed in; however, Blackowiak & Sons, was aware of the ordinance and able to make it work. Councilmember Garfunkel stated he was concerned about the inaccuracy of the wording regarding City opinion on the survey utilized. Director Nielsen commented he agreed the statement was misleading. Mayor Love asked Mr. Jurik about the permanency associated with the request as it related to the situation with the bridge repair and reconstruction. Mr. Juirk stated the request was considered temporary until the bridge could be replaced and larger trucks could be allowed to traverse the bridge. Mayor Love stated the City had spent a great deal of time and effort on the process and implementation of plans, including public input, on the issue of same-day refuse and recycling collection for the City. Mr. Jurik stated BFI did not have the capability to be able to provide adequate service trucks to the Shorewood residents on the requested day. He also stated BFI was requesting the different day refuse collection be allowed until the bridge was reconstructed. In response to Mayor Love's question, Engineer Brown explained the reconstruction and repair to the bridge was slated for the next construction season. Mayor Love stated he did not want to reverse the ordinance, but noted the deterioration of the bridge to be an unusual issue impacting this matter. REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 6 of 8 . Councilmember Turgeon stated a great deal of time had been spent to bring the ordinance to fruition, and the haulers, including representatives ofBFI, Inc., all knew about the intent of the ordinance. She believed this request was part of a poor business decision, and it was not the responsibility of the City to remedy for the company. Councilmember Lizee agreed, stating she likened the situation to that of a variance request in which economics were not allowed to be a condition of granting approval. She thought BFI was a national company and would be able to absorb the cost of a new truck that would allow it to work within the previously agreed to conditions. Councilmember Zerby agreed, noting there was no reason to grant this request as this was a large company that could find the resources to work within this ordinance as previously agreed upon. m response to Director Nielsen's question, Mr. Jurik stated equipment had been purchased from Blackowiak for continued use. Turgeon moved, Zerby seconded, to Deny the Request from BFI, Inc. regarding the proposed pick- up date, other than the recycling day, for the Shorewood Island residents. Motion passed 5/0. B. Hazardous Building Removal 1. Order to Secure 2. Order to Repair or Remove . Director Nielsen explained a complaint had been received alleging the building at 5655 Eureka Road had been abandoned and fallen into disrepair. Upon inspection of the premises, the building was found to have been vacated and left in hazardous condition. He stated he had been in contact with the owner and he had complied with the order to secure the premises by boarding-up the building earlier today. Additionally, the owner had stated his intent was to demolish the building and rebuild on the property. Since the owner would need a variance to do so, the building was left standing in effort to gain leverage for the variance process. Director Nielsen also recommended both actions be adopted this evening; however, he suggested the motion could stipulate the owner had twenty days in which to apply for a variance application. Once the variance request was completed, then the order to repair or remove could be continued until the variance request was resolved. Craig Buechler, owner of the building, stated he had plans to apply for the variance this winter as plans were already drawn for the property, but there were issues of concern regarding setbacks. He stated he did not want to tear the building down without being certain of how plans for the property could proceed. Lizee moved, Turgeon seconded, Adopting an Order to Secure the building at 5655 Eureka Road within 10 days. Motion passed 5/0. Zerby moved, Turgeon seconded, Adopting an Order to Repair or Remove the Building at 5655 Eureka Road within 20 days. Should a variance be applied for within those 20 days, the order to repair or remove the building would be stayed until the variance request was resolved. Motion passed 5/0. ' Mayor Love thanked Mr. Buechler for working cooperatively with City Staff in this matter. . C. Consideration of a Temporary Gambling License for Minnewashta Elementary School . . . REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 7 of 8 Administrator Dawson explained the Minnewashta Elementary School PTO would be holding a raffle for The Steve Jaeger Benefit. Mr. Jaeger was to help a member of the Shorewood community who was undergoing cancer treatment. The raffle would be held on Friday, November 22,2002, at the Minnewashta Elementary School, 26350 Smithtown Road, in Shorewood. Detailed information regarding this raffle was also presented to Council for clarification. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 02-086. "A Resolution Approving the Temporary Gambling License for Minnewashta Elementary School PTO." Motion passed 5/0. 9. ENGINEERING/PUBLIC WORKS Engineer Brown stated there was nothing further to report. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated there was nothing to report on this matter at this time. 2. County Road 19 Intersection Administrator Dawson reported there had been no meetings regarding the intersection since last reported. A resolution had not yet been reached by the City of Tonka Bay and Hennepin County regarding the valuation of the Tonka Bay Liquor Store. 3. Public Safety Facilities Administrator Dawson explained bids received on the Facilities were a bit higher than anticipated, and discussions would continue regarding efforts to align expenditures with the budget for the project. Mayor Love reported the Excelsior Fire District (EFD) had utilized the vacant home located on the proposed Public Safety Facility property as part of a controlled burn training seminar for the firefighters recently. The Shorewood Public Works Department had filled in the foundation earlier in the day today in effort to further secure the site. Engineer Brown, on behalf of the EFD, thanked the Council for its permission to allow the training session to take place. 4. Water Service for Shorewood Village Owners of the Shorewood Village Shopping Center were working with the City of Chanhassen to provide municipal water service to the site should the City of Shorewood not wish to do so, Administrator Dawson explained. Many options were still being considered regarding providing municipal water service to the site. . . . . . .. REGULAR CITY COUNCIL MEETING MINUTES October 28, 2002 Page 8 of8 5. Liquor Operations Staff had met with representatives of the company owning the Oasis Market located at the corner of Smithtown Road and Country Club Road. They were very favorable to construction of a municipal off- sale liquor store on their site. B. Mayor & City Council Councilmember Turgeon encouraged all interested parties to attend the Sensible Land Use Coalition luncheon and presentation regarding What Will the Region Look Like in 2030? 11. ADJOURN Zerby moved, Turgeon seconded, Adjourning the Regular City Council Meeting at 8:57 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary