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012207 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 22, 2007 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Lizee called the meeting to order at 7:01 P.M. A. Roll Call Present. Mayor Lizee; CounciImembers Turgeon, Wellens, and Woodruff; Administrator Dawson; Associate Attorney Mayeron; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Councilmember Callies B. Review Agenda Wellens moved, Woodruff seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, January 8, 2007 Woodruff moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of January 8, 2006, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens moved, Turgeon seconded, Approving the Motions contained on Consent Agenda & Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Staffing - No action required C. Adopting RESOLUTION NO. 07-006, "A Resolution Approving a Temporary On- Sale Liquor License for Shorewood Liquor for a Wine Tasting Event on Fehruary 3, 2007", and Adopting RESOLUTION NO. 07-007, "A Resolution Approving a Temporary On-Sale Liquor License for Shorewood Liquor for a Wine Tasting Event on September 12,2007". D. Approval of Request for the Wells Fargo Lake Minnetonka Half Marathon to traverse the City on Sunday, May 6, 2007 SHORE WOOD CITY COUNCIL REGULAR MEETING January 22, 2007 Page 2 of7 E. Establishing May 19,2007, as Spring Clean-up Day (This item was moved to Item 9.E under GeneralINew Business) F. Adopting RESOLUTION NO. 07-008, "A Resolution Accepting Final Improvements and Authorizing Final Payment for the County Road 19 Intersection Reconstruction Project, S.A.P. 216-101-02, S.A.P. 27-619-18." G. Authorize Expenditure of Funds for Boulder Bridge Well Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS A. Report on Park Commission Meeting Held January 9, 2007 Park Commission Chair Davis stated the January 9, 2007, Park Commission meeting was dedicated to discussing the Arctic Fever event which was held on January 20, 2007 (as detailed in the minutes of that meeting). She stated overall the inaugural event was a success, and some of the event activities were better attended than others. She noted a wrap-up meeting would be scheduled to discuss the Arctic Fever's successes and areas for improvement. Mayor Lizee stated the weather that day was perfect for the event. She thanked everyone involved for their efforts in making Arctic Fever a success. Councilmember Turgeon also extended her thanks. Lizee suggested Chair Davis write a synopsis of the event for publication in the Shore Report. 8. PLANNING Commissioner Gagne reported on matters considered and actions taken at the January 16, 2007, Planning Commission meeting (as detailed in the minutes of that meeting). A. Lot Width Variance / Minor Subdivision Applicant: Bob Morlock Location: 24995 Glen Road Director Nielsen explained Bob Morlock, who owned the property at 24995 Glen Road, had requested a minor subdivision of his property. He proposed to divide the site into two residential lots. Because the property was slightly shy of having 200 feet of width at the building line, Mr. Morlock had requested a lot width variance that would amount to two inches on each of the lots. SHOREWOOD CITY COUNCIL REGULAR MEETING January 22, 2007 Page 3 of7 Nielsen then explained the property was currently zoned R-I C, Single-Family Residential, and was occupied by a single-family dwelling and one small accessory building. The proposed lots, if approved, would have 38,932 square feet of area - nearly double the 20,000 square feet that was required by the City's Zoning Code. Both lots would be considered quite buildable and would be very much in keeping with the other properties on Glen Road. Nielsen noted that the Hennepin County half-section maps showed the subject property as being 100 feet wide, the same as the other lots on Glen Road in the Manitou Glen plat. The original plat for Manitou Glen had platted the subject property as two lots; and as of yet a copy of the original Manitou Glen plat had not been found to determine if the subject property and the other lots on Glen Road were shown as being 100 feet wide. Nielsen also noted the City would be deeded additional street right-of-way on Glen Road (which was currently substandard in width) if the request was approved. Nielsen stated the Planning Commission recommended approval of the minor subdivision and lot width variance subject to Staff recommendations. Wellens moved, Turgeon seconded, Adopting RESOLUTION NO. 07-009, "A Resolution Approving Subdivision of Real Property and Lot Width Variances for Bob Morlock, 24995 Glen Road, subject to Staff recommendations". Motion passed 4/0. B. Resolution and Ordinance Amendment on non-conforming structures Director Nielsen explained the Planning Commission had, after a number of discussions, prepared draft amendments to the City's Comprehensive Plan and the City's Zoning Code Section 1201.03, Subd. 2.d.( 4) with regard to nonconforming accessory structures which had historical, architectural or cultural value. Nielsen explained that the Zoning Code currently required all nonconforming structures be brought into conformance as a condition of a conditional use permit for accessory space over 1200 square feet. There had been instances where some of the nonconforming structures had architectural, cultural, or perceived historical value. Nielsen then highlighted the amendments and discussed the rationale for the changes. Mayor Lizee thanked Staff and the Planning Commission for their efforts. She commented the Planning Commission had struggled with that issue for ten years. Woodruff moved, Wellens seconded, Adopting RESOLUTION NO. 07-010, "A Resolution Amending the Shorewood Comprehensive Plan as it Relates to Historic Preservation." In response to a question from Councilmember Turgeon, Director Nielsen stated the ad hoc committee mentioned in the Comprehensive Plan amendment would be established on an as-needed basis. Motion passed 4/0. Wellens moved, Woodruff seconded, Approving ORDINANCE NO. 433, "An Ordinance Amending the Shorewood Zoning Code as it Pertains to the Regulation of Accessory Structures." SHORE WOOD CITY COUNCIL REGULAR MEETING January 22, 2007 Page 4 of7 In response to a question from Councilmember Turgeon, Director Nielsen clarified that the statement "Repairs to the structure shall be consistent with the original architectural style and materials of the structure." was intended to ensure that the materials used would be similar to the original materials (e.g., a stone foundation would remain stone; wood siding would remain wood, etc.) Motion passed 4/0. 9. GENERAL/NEW BUSINESS Administrator Dawson stated it had been past practice for Council to make its appointments to the Minnetonka Community Education (MCE) Advisory Council, the Lake Minnetonka Communications Commission (LMCC), and the Lake Minnetonka Conservation District (LMCD) during the month of January. He stated the City had advertised for the positions, and the only applicants were those already serving in those capacities. Mayor Lizee stated the three applicants had served the City well in the past. A. Making the Minnetonka Community Education Board Representative Appointment Wellens moved, Woodruff seconded, Approving RESOLUTION NO. 07-011, "A Resolution Making an Appointment of Tad Shaw to the Minnetonka Community Education Advisory Council". Motion passed 4/0. B. Making the Lake Minnetonka Communications Commission Board Representative Appointment Turgeon moved, Wellens seconded, Approving RESOLUTION NO. 07-012, "A Resolution Making an Appointment of Patrick Hodapp to the Lake Minnetonka Communications Commission". Motion passed 4/0. C. Making the Lake Minnetonka Conservation District Board Representative Appointment Woodruff moved, Turgeon seconded, Approving RESOLUTION NO. 07-013, "A Resolution Making an Appointment of Tom Skramstad to the Lake Minnetonka Conservation District". Motion passed 4/0. D. Representatives to Discussion Group on Funding Allocation for the Excelsior Fire District (EFD) Administrator Dawson explained that in November 2006 the City of Deephaven had requested the Excelsior Fire District's (EFD) member cities' councils review the funding allocation contained in the joint powers agreement (JPA). At an EFD Governing Board meeting later that month, the Board suggested the cities form a discussion group, and it also suggested how the cities might be represented on that group. He also explained that changes to the funding allocation could be made only as an amendment to the JP A, and that amendment process was defined in Section 15 of the JP A. At the November 27, SHOREWOOD CITY COUNCIL REGULAR MEETING January 22, 2007 Page 5 of7 2006, Council meeting, Council considered the item and decided that it should be continued to 2007 for review at that time. Administrator Dawson noted that the cities of Deephaven and Greenwood had named their mayors to serve on the group, and a first meeting of the group had been tentatively scheduled for 4:00 P.M. on February 6, 7 or 8. Mayor Lizee stated the mayors of Deephaven and Greenwood were not members of the EFD Board, and because she was a member of the Board, she was not interested in serving on this group. She noted Councilmember Callies was the City's alternate to the EFD Board. Councilmember Turgeon suggested Councilmember Wellens serve as the City's representative. Councilmember Woodruff agreed with Turgeon's suggestion. Councilmember Wellens stated he would be willing to serve on the group. In response to a question from Councilmember Woodruff, Administrator Dawson stated his recollection was the cities of Excelsior and Tonka Bay had also delayed their appointment of representatives to the group until 2007, and based on that action he assumed both of those cities would want to participate in funding allocation discussions. Administrator Dawson stated the Board had recommended each member city designate an alternate representative, but that was not a requirement. Turgeon moved, Woodruff seconded, Agreeing to Participate on the EFD JPA Funding Allocation Discussion Group and Appointing Councilmember Wellens to Serve as the City's Representative on the Group. Motion passed 4/0. E. Establishing May 19,2007, as Spring Clean-up Day This item was pulled from the consent agenda at Councilmember Turgeon's request. Councilmember Turgeon stated she supported setting the date for the spring clean-up; her issue was the City had not yet surveyed its residents with regard to the clean-up services provided. She then stated at a November 13, 2006, Council work session she had suggested the City survey its residents to determine what the residents would be willing to pay for curb-side collection, and what items they would prefer to have included in the collection. She again suggested the City survey the residents. Administrator Dawson recollected that at that same meeting Councilmembers agreed that the curbside collection service should be discontinued starting in 2007, although no formal vote was taken. Director Burton stated the City's Code stated that all curb-side pickup costs for the spring clean-up be funded equally by all households. She also stated with regard to the spring clean-up, the City received the most complaints from the residents about the curb-side pickup costs. Wellens moved, Woodruff seconded, Setting May 19,2007, as Spring Clean-up Day for the City of Shorewood, noting the effort would not include curb-side pickup. SHOREWOOD CITY COUNCIL REGULAR MEETING January 22, 2007 Page 6 of 7 Councilmember Woodruff stated he would hope that traffic to a drop-off site be managed effectively. Mayor Lizee stated that Staff had effectively managed the traffic to the Public Works drop-off site in the past. Mayor Lizee suggested the changes to the spring clean-up program be published in the Shore Report as early as possible. Administrator Dawson stated a series of articles would be published beginning with the March 2007 publication. Motion passed 4/0. 10. ENGINEERlNG/PUBLIC WORKS None. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated the City would reimburse Councilmembers the cost for attending the LMCD's Save the Lake banquet if they chose to attend. Administrator Dawson then stated Senior Community Services (SCS) had scheduled a meeting for 6:00 P.M. on February 15,2007, to discuss the Southshore Senior Center's funding formula and had suggested each city send its mayor, its City Administrator/Manager and a Councilmember to the meeting. He commented that SCS had offered to coordinate the discussion meeting in the summer of 2006. Councilmember Turgeon stated she had received a copy of the letter and had RSVP'd. Mayor Lizee stated she planned on attending the meeting. Administrator Dawson also stated that the EFD Board had scheduled its meetings to bi-monthly, with the meeting having been held in January 2007. Councilmember Turgeon stated that the public information post-construction meeting for the Wedgewood Road, Mallard Lane, Teal Circle Reconstruction Project had been set for 7:00 P.M. January 30,2007. Administrator Dawson stated the public safety facilities bond refunding documents were signed by all affected parties on January 19, 2007, and the closing was scheduled for January 25, 2007. B. Mayor & City Council In response to a question from Councilmember Wellens, Administrator Dawson stated the City-owned house was occupied by renters. Councilmember Wellens questioned if it would be beneficial for Council to provide the appointees to the MCE, LMCC and LMCD with some guidance regarding the Council's preference on actions that would be taken by those organizations. The LMCD's consideration that it may want to recommend the closure of certain boat launches and to have the DNR charge boat-launch fees was what precipitated his suggestion, as he was not sure that was the direction the Council wanted to promote. He suggested the SHOREWOOD CITY COUNCIL REGULAR MEETING January 22, 2007 Page 7 of7 topic of providing guidance be discussed at a future Council work session. Mayor Lizee stated scheduling a work session with the appointees to discuss the topic would be a worthwhile activity. Councilmember Wellens stated he would like to discuss the topic of selling the City-owned liquor stores at a future Council work session. Mayor Lizee suggested it would be appropriate for the Liquor Stores Committee to discuss this issue. Councilmember Woodruff stated he thought it would be appropriate for Council to discuss the topic first so it could provide the Committee with some direction. Administrator Dawson stated there were statutes that prescribed what must be followed to exit liquor operations. Dawson also stated the work session agendas for the next few months were quite full already, and he noted he would not be able to attend the first Council meeting in March. Councilmember Turgeon requested a timetable for discussing the various work session agenda items be prepared and distributed to Council. Councilmember Woodruff stated at the January 9, 2007, Park Commission meeting the topic of "receiving" versus "accepting" reports was discussed, and a question arose regarding how to determine when it was appropriate to accept a report rather than just receive a report. Administrator Dawson and Associate Attorney Mayeron both stated accepting or receiving were a matter of semantics. Mayor Lizee stated the Park Commission was a recommending body only. Councilmember Turgeon stated that from her vantage point there may be instances where an individual would want to acknowledge receipt of a report yet ensure that did not mean they had agreed with the content in the report. Dawson stated receiving and accepting a report did not equate to agreeing with the report's content; an affirmative action would need to be taken on specific items. Mayor Lizee related items discussed at the January 17,2007, SLMPD Coordinating Committee meeting. SLMPD Chief Litsey had requested an opportunity to meet with each SLMPD member city's council to discuss strategic planning. The SLMPD and the EFD had scheduled an orientation for 6:00 P.M. January 31, 2007, for member cities' elected officials, and the Deephaven Police Department would also participate in the orientation. In response to a question from Councilmember Turgeon, Mayor Lizee stated the League of Minnesota Cities had scheduled its orientation for councilmembers for January 26-27, 2007. 12. ADJOURN Wellens moved, Turgeon seconded, Adjourning the City Council Regular Meeting of January 22, 2007, at 7:57 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder C~G~ Christine Lizee, Mayor ATTEST: