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081202 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 12, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Acting Mayor Garfunke1 called the meeting to order at 7: 12 P.M. A. Roll Call Present: Acting Mayor Garfunkel; Counci1members Lizee, Turgeon, and Zerby; Attorney Keane, Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: Mayor Love and Administrator Dawson B. Review Agenda Acting Mayor Garfunkel reviewed the Agenda. Counci1member Turgeon requested Item 3G, An Interim Conditional Use Permit for Dan Ohland, be moved to Item 6B for further discussion and consideration. Finance Director Burton requested adding Item 3L, Authorization to Hire a Full-Time Liquor Clerk. Lizee moved, Zerby seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, July 22, 2002 Zerby moved, Turgeon seconded, Approving the City Council Special Meeting Minutes of July 22, 2002, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, July 22, 2002 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of July 22, 2002, as presented. Motion passed 4/0. 3. CONSENT AGENDA Zerby moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 02-065, "A Resolution Appointing the 2002 Primary and General Election Judges." C. Establish October 26, 2002 as Fall Clean-Up Day . . . REGULAR CITY COUNCIL MEETING MINUTES August 12, 2002 Page 2 of 6 D. Adopting RESOLUTION NO. 02-066, "A Resolution Granting a Setback Variance and Conditional Use Permit for Lake Fellowship Unitarian Church, 24575 Glen Road." E. Adopting RESOLUTION NO. 02-067. "A Resolution Granting a Setback Variance for Marlow Peterson, 4985 St. Alban's Bay Road." F. Adopting ORDINANCE NO. 389. "An Ordinance Amending Section 1201.04 of the Shorewood Zoning Code to Include Interim Conditional Use Permits." G. Interim Conditional Use Permit - Ohland (This item was moved to Item 6B for further consideration and discussion.) H. Adopting RESOLUTION NO. 02-068. "A Resolution Granting Setback and Hardcover variances to Dennis and Laura Dvorak, 5670 Echo Road." I. Adopting RESOLUTION NO. 02-069, "A Resolution Approving Subdivision and Combination of Real Property for James J. Quandt, 22425 Murray Street." J. Setting the Date for the Budget Work Session meeting K. Adopting RESOLUTION NO. 02-070, "A Resolution Setting License, Permit, Service Charges, and Miscellaneous Fees for Multiple Boat Dock Facility" L. Authorization to Hire a Full-Time Liquor Clerk Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PARKS A. Report on Park Commission Meeting Held July 23, 2002 Commissioner Young reported on matters considered and actions taken at the July 23, 2002, Park Commission meeting (as detailed in the minutes of that meeting). B. Request from Excelsior Community Library to use the City Hall Parking Lot for a Skateboard Demonstration as part of the October is Teen Read Month Celebration Engineer Brown reported the Excelsior Community Library representatives had requested use of the City Hall Parking Lot for a Skateboard demonstration. The Library had hired a firm, known as the 3rd Lair, to provide the skateboard demonstration. He went on to explain representatives of the 3rd Lair had also expressed interest in utilizing the tennis courts in Badger Park for the demonstration as the parking area would be having seal coating work performed during the time frame being discussed. Staff concurred with this request, as the fenced area provided a safer environment for spectators and demonstrators. He also noted the program would include a thirty-minute demonstration with use of a sound system for the REGULAR CITY COUNCIL MEETING MINUTES August 12, 2002 Page 3 of 6 . demonstration. Anticipated time for set-up through removal of equipment was estimated to be approximately 1.5 hours. Peggy Bauer, representative of the Excelsior Community Library, stated this request was being made as part of Teen Read Month. She stated the presentation was slated for thirty minutes and was strictly a demonstration designed to promote awareness of this good, clean sport. She also stated T-shirts and stickers would be given away as part of the demonstration. There was no rain date for the event. Councilmember Zerby commented he thought the demonstration was a great idea, and showed cooperation between the City and other governmental agencies in a wonderful way. In response to Acting Mayor Garfunkel's question, Attorney Keane explained the liability issues surrounding this event were within parameters of current coverage for the City. Commissioner Young expressed concern for the sensitive court surface being marred by the skateboarding equipment. Engineer Brown stated he believed the limited use ofthis demonstration would not cause problems for the court surface, and if there were any need for repairs, he believed the Public Works department could make appropriate repairs. Lizee moved, Zerby seconded, Approving the Request from the Excelsior Community Library, for a free-to-the-public Skateboard Demonstration at the Tennis Courts in Badger Park as part of the Teen Read Month Celebration slated for October 5, 2002. Motion passed 4/0. . C. Request to approve Recreational Management Scope of Services Engineer Brown explained the draft scope of services provide Park and Recreation Coordinator services for the 2003 sports seasons. He noted the Park Commission had reviewed the draft scope of services finding it in order. He went on to explain the intent of the scope of services was contract with individuals or firm to assist City Staff in coordination of organized sports. He noted the Park Equity Policy had not yet been adopted, but was being drafted by the Park Commission. Councilmember Zerby questioned the process being utilized regarding hiring of this position. Engineer Brown explained the process would include advertising for services in November, with the intent that someone would be available to work on preseason issues shortly after the frrst of the year. Engineer Brown went on to explain status reports would be given monthly to the Park Secretary and Engineer Brown for report to Council. Discussion ensued regarding additional responsibilities for the scope of services. Lizee moved, Zerby seconded, Approving the Recreational Management Scope of Services. Motion passed 4/0. D. Agreement with South Tonka Little League for South Concession Stand . Engineer Brown explained the City Attorney had drafted, with Staff review, an agreement with South Tonka Little League (STLL) regarding the responsibilities and use of the maintenance/concession building in the southern part of Freeman Park. He noted the STLL Board had not yet had a chance to meet to review this agreement. He then reviewed major features of the agreement. Council expressed concern that the Park Commission had not yet had a chance to review this agreement. . . . REGULAR CITY COUNCIL MEETING MINUTES August 12, 2002 Page 4 of 6 Lizee moved, Zerby seconded, continuing this matter to the August 26, 2002, Regular City Council Meeting. Councilmember Turgeon expressed concern for specific wording within the agreement. Attorney Keane stated the agreement would more clearly delineate use of the property without precedent being set, nor infringement of property rights, as the agreement was a consensual business agreement between two legal parties. Motion passed 4/0. 6. PLANNING Commissioner Gagne reported on matters considered and actions taken at the August 6, 2002, Planning Commission meeting (as detailed in the minutes of that meeting). A. Organized Refuse Collection Ordinance Director Nielsen explained this ordinance was the culmination of one and one-half years of effort by the Planning Commission as directed by State Statutes. He stated the change to the ordinance would take effect October 1, 2002, and read as followed: With the exception of Shady Island or Enchanted Island, collection from residential properties shall take place only on Wednesdays, unless otherwise authorized by the City Council. Collection from properties on Shady Island or Enchanted Island shall take place on Thursdays, unless otherwise authorized by the City Council. He commended the refuse haulers for being flexible and agreeable to coordinating refuse collection days with recycling in the area. He also stated the Planning Commission had chosen not to have a strict ordinance regarding weight restrictions as the haulers stated this matter could be handled internally. Councilmember Zerby stated he liked the change in the ordinance as it resolved issues simply. Acting Mayor Garfunkel remained concerned about the truck weight issues surrounding the ordinance, but stated he was happy with the ordinance as it was currently written. Councilmember Turgeon questioned how residents would be notified of the change in collection days. Director Nielsen explained a press release would be scheduled, as well as informing residents through the newsletter, website, and possible mailings from the haulers. Zerby moved, Lizee seconded, Adopting ORDINANCE NO. 390, "An Ordinance Amending Section 507.06 ofthe Shorewood City Code Relating to Refuse Collection." Motion passed 4/0. B. Interim Conditional Use Permit - Ohland (This item was moved from Item 3G.) Director Nielsen stated this matter had been presented and discussed at the July 22, 2002, Regular City Council Meeting regarding a request for an interim Conditional Use Permit for Dan Ohland, 25070 Smithtown Road. He went on to explain Attorney Keane had drafted an Interim Use Agreement as a contract, whereby the applicant would agree to reimburse the City for costs should the matter require litigation. ~ . . . REGULAR CITY COUNCIL MEETING MINUTES August 12, 2002 Page 5 of 6 Councilmember Zerby questioned what the evidence would be to declare that the use of the property had ceased. Director Nielsen stated the trucks and equipment would be gone with no employees entering and leaving the site. Zerby moved, Turgeon seconded, Approving an Interim Conditional Use Agreement and RESOLUTION NO. 02-071, "A Resolution Granting an Interim Conditional Use Permit for Dan Ohland, 25070 Smithtown Road." Motion passed 4/0. 7. GENERAL A. Liquor Committee Report Acting Mayor Garfunkel explained representatives of the Liquor Committee had met with representatives of Tonka Bay regarding the outcome of the municipalities' continued partnership in the Tonka Bay Municipal Liquor Store. Concern was expressed by Tonka Bay representatives for the issues surrounding appraised value of the subject property by Hennepin County. He noted a meeting of the Tonka Bay City Council was scheduled for August 13, 2002, to try to bring resolution to the situation. Acting Mayor Garfunkel explained possible next steps in the process to include consideration of an exit strategy from the partnership over the next 30-60 days should no resolution appear evident. Council indicated support for this strategy should no resolution appear evident in continued discussions with representatives ofTonka Bay. 8. ENGINEERlNGIPUBLIC WORKS Councilmember Zerby requested a status report on the Smithtown Road project. Engineer Brown stated drainages issues of concern were being remedied. As such, the project was anticipated to move forward in smaller steps than originally anticipated. He stated representatives of the project were trying to gather the appropriate easements to resolve these drainage issues, and if easements were not to be obtained, it was anticipated the project would be halted to pursue eminent domain proceedings. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Director Nielsen explained efforts were being made to continue examination of this project with the County Road 19 intersection project; however, plans were still being reviewed by the Minnehaha Creek Watershed District. 2. County Road 19 Intersection Engineer Brown explained engineering documents were complete for the project, were revised regarding State Aid funding standards, and right-of-way issues being finalized. 3. Public Safety Facilities Director Nielsen stated the Planning Commission had continued the request for Conditional Use Permit to August 20, 2002, with an Open House meeting scheduled to take place one hour before the Commission .. . . . REGULAR CITY COUNCIL MEETING MINUTES August 12, 2002 Page 6 of6 meeting. Director Nielsen went on to explain a number of issues had been raised regarding concerns from the residents of Shorewood Lane. Engineer Brown commented the structure on the Public Safety facility property had been secured, and Excelsior Fire District Chief DuCharme had been notified to proceed with a "full bum" of the structure on the site. Clay material had been stockpiled on site to close the foundation after that procedure had been completed by the Fire Department. B. Mayor & City Council Council congratulated Attorney Keane on being named one of the "Top 100 Attorneys in the Twin Cities" according the Minneapolis/St. Paul Magazine. 10. ADJOURN Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting of August 12, 2002, at 8:36 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor