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111202 CC Reg Min .. . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 12, 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 7:03 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Associate Attorney Gump, Engineer Brown, and Finance Director Burton Absent: Planning Director Nielsen B. Review Agenda Turgeon moved, Zerby seconded, approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, October 28, 2002 Zerby moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of October 28, 2002, as presented. Motion passed 5/0. B. Canvassing Board Meeting Minutes, November 6, 2002 Lizee moved, Zerby seconded, Approving the Canvassing Board Meeting Minutes of November 6, 2002, as presented. Motion passed 5/0. 3. CONSENT 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. December Council Meeting Schedule C. Approval of ORDINANCE NO. 391, "An Ordinance Amending Title 3003 of the Shorewood City Code, Establishing Regulations for Lawn Fertilizer Application." D. Adopting RESOLUTION NO. 02-088, "A Resolution Approving Change Order 2 for the State Highways 7 & 41 Intersection Project." . . . CITY COUNCIL REGULAR MEETING MINUTES November 12, 2002 Page 2 of 6 E. Approval of RESOLUTION NO. 02-089, "A Resolution Setting the License, Permit, and Service Charges and Miscellaneous Fees for Dog Licenses." Motion passed 5/0. 4. MA TTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PRESENTATIONS A. Presentation by Gregory DeJute on Gideon Markel' Rehabilitation Gregory DeJute, a member of Boy Scout Troop No. 537 of Medina, explained he had been responsible for the rehabilitation of the Gideon marker at County Road 19 and Glen Road in effort to fulfill requirements to become an Eagle Scout. Mr. DeJute explained an Eagle Scout project required evidence of dedication, leadership, service, as well as fundamental skills utilized by all Boy Scouts. Mr. DeJute explained the Gideon monument had been erected in 1912. The monument then suffered years of decay and appeared forgotten. Mr. DeJute also explained the steps to be utilized in the project, noting difficulties and delays in the project due to the private ownership of the property where the monument was located. Mr. DeJute explained the steps in the project included clearing trees around the monument, removal of old posts, placement of new posts with cap, bracket, and scalloped chain, as well as new plantings around the monument. Mr. DeJute also explained Mr. Gideon was the inventor of the Wealthy Apple, so he planted Wealthy Apple trees near the monument. Mr. DeJute also stated he was considering a rededication ceremony in 2003, as the monument had been dedicated in 1912, and again in 1964. Councilmember Turgeon thanked him for his presentation and efforts in rehabilitating the historical marker, noting the memorial had been in disrepair for a number of years. She stated the marker was now quite impressive, and she saw a number of community members involved in the project the weekend the rehabilitation took place. She thanked Mr. DeJute for his hard work and great contribution to the City. Mayor Love thanked Mr. DeJute on behalf of the City for the hard work and effort in this project. 6. PARKS Commissioner Meyer reported a meeting of the Park Commission had not taken place since the most recent Regular City COlmcil Meeting. Engineer Brown stated the next meeting of the Park Commission would be on November 13, 2002. 7. PLANNING Commissioner Woodruff reported on matters considered and actions taken at the Planning Commission Meeting of November 6,2002 (as detailed in the minutes of that meeting). . . . CITY COUNCIL REGULAR MEETING MINUTES November 12, 2002 Page 3 of6 A. Snyder Drug Sign Permit Administrator Dawson briefly reviewed the history of this case, noting it had been continued from the October 28, 2002, Regular City Council Meeting at the Council's request, as there had been a question regarding the actual number of signs allowed as part of the original Conditional Use Permit (C.u.P.) in 1999, and what had been displayed by the applicant. Administrator Dawson noted Staff continued to stand by its original decision that the maximum number of signs were currently in place and to allow additional signage would be in violation of the City Code for this matter. Kevin Snyder, of Signart Company representing Snyder Drug, stated he did not disagree with his original submittal. The applicant was willing to remove one sign in order to post the small sign being applied for in this application. With the willingness to remove one sign, Administrator Dawson stated the applicant would be "vithin the conditions set forth in the governing C.U.P. Councilmember Zerby stated he was pleased by the willingness of the applicant to work with the City guidelines in this case and remove one of the signs currently posted. He stated he remained concerned about the actual interpretation in tlle City Zoning Code, as he believed discrepancies could continue. Councilmember Garfunkel stated he was concerned Council was being asked to interpret sign content as part of the Zoning Code, as he was not certain the Code addressed specifics of the sign content, or if the message was a factor in the amount of signage allowed by the City. Councihnember Turgeon agreed, stating she though the ordinance should be exanlined for specificity of definition of a sign in the regulations. Mayor Love asked Staff to clarify the ordinance as to the definition of a sign witlrin the Zoning Code. Turgeon moved, Zerby seconded, Affirming the Zoning Administrator's Decision and Directing Staff and Planning Commission to review the Sign Ordinance regarding the Definition of a Sign and Requirements of the Sign Ordinance. Motion passed 5/0. 8. GENERAL A. Resident Request regarding Horse Permit Applicant: Jerry Cutts Location: 23930 Smithtown Road Administrator Dawson explained the applicant had requested permission to keep two "mini donkeys" on his property at 23930 Snrithtown Road as pets. This request did not conform to City requirements regulating horses and ponies within the City by permit. Administrator Dawson then explained the existing regulations and noted the circumstances would allow one horse to be kept on the property; however, the existing barn could not be used to stable a horse, and a Conditional Use Permit would be needed to build another structure to house a horse. He went on to explain the pertinent chapter of the City Code did not contain any basis for granting a variance from tlle permit requirements. While the Code did not specifically provide for appeal of the decision of the City Clerk, as a matter of due process the applicant could make an appeal to the City Council. Staff believed the current requirements were very clear, and its interpretation of the Code to be correct. Administrator Dawson also noted tllis matter could be worthy of further study CITY COUNCIL REGULAR MEETING MINUTES November 12, 2002 Page 4 of 6 . by the Planning Commission as the regulations had not been under review since 1994, and further review would also allow an appeals process to be established. Jerry Cutts, 23930 Smithtown Road, stated he appreciated the opportunity to review tIns matter with Administrator Dawson and talk tlrrough a variety of options for working with the City in his request. He had submitted a letter explaining what he believed to be the common sense approach to this ordinance. He stated he had worked with the City closely in building this barn to provide adequate distances between the barn, setbacks, and surrounding neighbors. He understood the need to operate within tlle law, but could not understand the logic behind not allowing these animals on his property. He likened tllem to large dogs, noting there would not be a question for that kind of animal. He stated he was looking for a reaction from Council on this matter. Councilmember Garfunkel questioned whetller the original intent of the barn was to house animals at the time it was built, as he was concerned for the placement of the barn within the appropriate setback area. Mr. Cutts explained he had hired a contractor to work with the City. In conversations with the City Inspector, the contractor had explained the barn was to be partly storage, workshop, and possibly pets in the future. He had not originally set out to build to house regular sized horses. Councilmember Turgeon questioned the definition of a "mini," and the ratio for providing certain acreage to a certain size animal. She noted, with current criteria, there appeared no choice but to uphold the current decision; however, she suggested the Planning Commission review the ordinance, and if necessary, adjust the ordinance to include the definition and appropriate criteria for housing a "mini" breed of animal. . Mayor Love agreed, noting he thought the issue worthy of Planning Commission study with. regard to issues of appropriate land size needed relative to the size of the animal to be housed. He stated he was concerned about the sloping topography toward the wetland in this case, and what kind of management plan could be available for manure from the animals with regard to the sensitivity of the wetland area. Councilmember Zerby stated he would like to see tlle Planning Commission review this matter on a broader scale, including all animals that could potentially be housed within the City, such as pets, livestock, and poultry . Mr. Cutts expressed concern for the amount of time it would take to review tllis matter, as well as the possibility of the City tightening restrictions regarding all animals in the City. Councilmember Garfunkel stated the Council was not suggesting tightening restrictions, but review of the appropriate ordinances for fairness to all people and animals within the City. Mayor Love agreed, noting at this point the Council was being asked to interpret and ease restrictions for an uncertain amendment. Administrator Dawson explained the Planning Commission could have a recommendation as early as February of 2003 on this matter, noting the unique meeting schedules for December. COlillcilmember Zerby stated he would like to see how other communities handled this issue. Councilmember Lizee stated she could understand how the animals could be kept as pets, and she had seen terrific efforts made in having these "mini's" work with children that were blind. Mr. Cutts stated he appreciated the consideration being given by the Council and the suggestion for further study of the matter. . . . . , CITY COUNCIL REGULAR MEETING MINUTES November 12, 2002 Page 5 of6 9. ENGINEERING/PUBLIC WORKS A. Petition for use of right-of-way for connection to water system - Shorewood Village Center Engineer Brown stated a petition had been received on behalf of Mr. Stan Taube, developer of the Shorewood Village Shopping Center. The petition requested use of the public right-of-way of Mumetonka Drive and Yellowstone Trail for the purposes of ex1ension of mtmicipal water service to the Cub Foods site. In discussions with Mr. Taube, it was the intent that the watermain would be installed as a private improvement project, with future dedication of the watermain to the City of Shorewood. It was also the intention that the proposed route would utilize the proposed right-of-way of the preliminary plat of LUlden Hills. If this request was deemed acceptable, a license agreement would need to be prepared stipulating the use of the public right-of-way for the project. Lizee moved, Turgeon seconded, Accepting the Petition and Directing Counsel to draft a License Agreement for this matter. Motion passed 5/0. Mayor Love thanked all involved parties for their efforts in this matter. Further, he was encouraged by the developer's interest to work with the City and its residents to provide resolution in this matter. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated he had met with tlle Consulting Engineer and Executive Director for tlle Minnehaha Creek Watershed District (MCWD), noting the project was planned to coincide with the County Road 19 project. 2. County Road 19 Intersection Engineer Brown stated there was nothing further to report on tills matter at this time. 3. Public Safety Facilities Administrator Dawson stated a groundbreaking ceremony for the Public Safety Facility had taken place on Saturday, November 9, 2002. The project continued to move forward, and progress was being made toward releasing the remaining bid package in January of 2003. B. Mayor & City Council Mayor Love thanked the City Staff for its hard work and dedication in making the General Election process run smoothly under trying circumstances. He stated he had heard several residents compliment Staff on a great job in working with residents on Election Day. Mayor Love also stated he appreciated the efforts of City Staff and MCWD Staff in working so quickly with regard to the Public Safety project. . . . l'l CITY COUNCIL REGULAR MEETING MINUTES November 12, 2002 Page 6 of 6 11. ADJOURN Turgeon moved, Lizee seconded, Adjourning the Regular City Council Meeting of November 12, 2002, at 8:04 P.M. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor