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051401 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDA Y, MAY 14, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Council members Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the Agenda. Director Nielsen requested an Item 6C, Appeal for Additional Time to Correct Zoning Violation for Dale Pixler, 4325 Enchanted Lane. Garfunkel moved, Zerby seconded, approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes April 23, 2001 Lizee moved, Zerby seconded, approving the City Council Special Meeting Minutes of April 23, 2001, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes April 23, 2001 Garfunkel moved, Turgeon seconded, approving the City Council Regular Meeting Minutes of April 23, 2001 as presented. Motion passed 5/0. C. City Council Work Session Meeting Minutes April 23, 2001 Turgeon moved, Zerby seconded, approving the City Council Work Session Meeting Minutes of April 23, 2001, as presented. Motion passed 5/0. D. Board of Review Meeting Minutes April 30, 2001 Garfunkel moved, Lizee seconded, approving the Board of Review Meeting Minutes of April 30, 2001, as presented. Motion passed 4/0/1 (Turgeon abstaining). . CITY COUNCIL REGULAR MEETING MINUTES MAY 14,2001 Page 2 of7 3. CONSENT AGENDA . Garfunkel moved, Zerby seconded, approving the Motions contained on the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Approving the Verified Claims List B. A Motion Adopting RESOLUTION NO. 01-024, "A Resolution Approving a Temporary Gambling License for StorefrontIY outh Action, Inc." C. A Motion Adopting RESOLUTION NO. 01-025, "A Resolution Approving Intoxicating Liquor License On-Sale Intoxicating Liquor and Special Sunday Sales - Minnetonka Country Club." A Motion Adopting RESOLUTION NO. 01-026, "A Resolution Approving Intoxicating Liquor License Sunday and Club for the American Legion Post #259." A Motion Approving a Sign Permit for Smithtown Motors (Blair Bury), 24470 Smithtown Road. A Motion Accepting Proposal for Vending Machine Services at Freeman Park A Motion Authorizing the Sale of Rider Mower, Broom, and Asphalt Roller A Motion Adopting RESOLUTION NO. 01-027, "A Resolution Approving a Tree Trimmers License." Motion passed 5/0. 4. MATTERS FROM THE FLOOR Don Aslesen, 26055 Shorewood Oaks Drive, expressed concern regarding the amounts of water runoff draining to his neighborhood due to his perceived actions of the developer of the Shorewood Pond development. He stated water had run from the development through the ball fields near his home and into the area where he lived causing substantial water damage to his home. He asked the City to help in correcting the stormwater runoff flow pattern currently in existence and consider placing a storm drain on Shorewood Oaks Drive. Mayor Love stated he believed the concerns related to surface water to be valid, and erosion control measures at the Shorewood Pond site were abysmal at best. Engineer Brown also stated the developer had been given notice to reseed, mulch, and clean up that site per a plan approved by the Minnehaha Creek Watershed District. He also explained the developer had approximately one week to conform to this agreement prior to the City putting his letter of credit into effect. Council agreed the developer needed to be given formal written notice regarding the possible intentions of the City should the site not be managed more effectively. Further, Council agreed all available options would be in place prior to the next Council meeting and requested Engineer Brown report on this matter at that meeting. . . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 14,2001 Page 3of7 5. PARKS C. Report on Park Commission Meeting Held May 8, 2001 Chair Arnst reported on the matters considered and actions taken at the Park Commission meeting held on May 8, 2001(as detailed in the minutes of that meeting). She also commended Engineer Brown for all the hard work and fine effort placed into maintaining the City parks. In addition, she explained the Skate Park area would be recommended to be known as the South Shore Community Park. Mayor Love commented he had been to the South Shore Community Park earlier in the week and had enjoyed seeing the Park in use with people of all ages. He thanked the Park Commission and sun-ounding communities and residents for their help in creating this park for all to enjoy. Councilmember Turgeon questioned Engineer Brown about the possibility of closing the Highway 7 access road to the ballfields at Freeman Park, noting parking in that area was of great concern to her. Engineer Brown responded barricades could be erected, thus requiring vehicles to use appropriate entrances and exits. He also noted similar problems had occun-ed in this area last year. In an effort to con-ect the situation, the City had requested scheduling changes from the Minnetonka Community Education Services (MCES), but without much success. He noted some minor scheduling changes had gone into effect that were a bit helpful; however, a meeting would be taking place with MCES to further discuss the situation. Mayor Love commented a meeting had been scheduled with all city members of MCES to review policies. He noted the City was concerned whether the service agreement requirements were being met and what could be done in the future to enhance the level of service cun-ently being delivered in these matters. 6. PLANNING Commissioner Gagne reported on matters considered and actions taken at the May 1, 2001, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Appeal for Additional Time to Correct Zoning Violation Appellant: Bob Morgan Location: 4285 Enchanted Lane B. Appeal for Additional Time to Correct Zoning Violation Appellant: Chester Yanik Location: 4245 Enchanted Lane C. Appeal for Additional Time to Correct Zoning Violation Appellant: Dale Pixler Location: 4325 Enchanted Lane Director Nielsen explained the three appeals were all related. He further explained a complaint had been received alleging a number of boats were being stored on Enchanted Lane in the public right-of-way area. Also, the complaint alleged vegetation had been removed from the area between the street and wetland at the site. The owners were notified and advised to remove their boats immediately. The above-mentioned owners requested additional time to con-ect the violation citing the late spring and high water level of the lake made it difficult to remove the equipment and comply with the request. Director Nielsen also . CITY COUNCIL REGULAR MEETING MINUTES . MAY 14,2001 Page 40f7 . explained the owners had stated the alteration of the vegetation was necessitated by the need for clear sight lines around the curve in that area, and also to provide a clear view of the wetland. He further stated the complaint alleged some filling may have occun-ed in the wetland area, and this would need to be investigated by the DNR. He noted it was his suggestion that the owners make reparations to the vegetation, and appeals be granted for thirty days. Chester Yanik 4245 Enchanted Lane, was in attendance and addressed the Council. He presented the Council with a letter stating that the boats had indeed been stored on the right-of-way for the past nineteen years; however, the wetland area had not been cleared and filled to accommodate the boat storage. He also explained his concern for personal safety regarding the sight lines in that area. He cited a number of incidents related to speeding on Enchanted Lane which made the need for action regarding sight distances a necessity. He further stated he would like to work with the City in any way possible to solve this matter. Mayor Love thanked Mr. Yanik for sharing his concerns with the Council, noting concerns regarding the high traffic speeds were heard throughout the City. Engineer Brown explained there was a state law setting a speed limit of thirty miles per hour on streets unless otherwise approved by the Commissioner of Transportation. He also explained a speed study could be conducted in this area that could potentially result in a faster speed limit recommendation for that road depending on the findings of the study. Mayor Love encouraged Mr. Yanik to work with the City, Police Department, and neighbors to help reduce the speed in that area. Also, he suggested a traffic study be initiated, and Mr. Yanik work with staff to help reduce the visibility issues for his neighborhood. . Turgeon moved, Zerby seconded, extending the time for Bob Morgan, 4285 Enchanted Lane; Chester Yanik, 4245 Enchanted Lane; and Dale Pixler, 4325 Enchanted Lane, to June 4, 2001, and extending the time for wetland restoration to July 4, 2001. Motion passed 5/0. D. Status of Application - C.D.B. Foods Director Nielsen reported that representatives of CUB Foods had submitted an application to build a new grocery store adjoining the exist shopping center located at Highways 7 and 41. He noted a Public Hearing would be held on the matter at the June 5, 2001, Planning Commission Meeting. Also, the developer held a neighborhood meeting at the City Hall recently, and Director Nielsen recommended the location be moved elsewhere for neighborhood meetings in the future as residents seemed to assume representatives of the City would be there to discuss the issue, and this was not the practice of the City. Also, he believed it practical to include a larger notification area in this process, noting there was not any intention to single out this application, however, it seemed to merit some consideration for enlarging notification areas to include the nearby Planning Districts as part of this process. Mayor Love directed staff to enlarge the notification areas and also commented the proposed plans were available for review in Council Chambers through the June 5, 2001, Planning Commission Meeting. 7. GENERAL A. A Motion Approving the Capital Equipment Plan for Excelsior Fire District Zerby moved, Lizee seconded, approving the Capital Equipment Plan for the Excelsior Fire District. Motion passed 5/0. . . . . . CITY COUNCIL REGULAR MEETING MINUTES 'MAY 14, 2001 Page 5 of7 B. A Motion to Adopt a Resolution Supporting the City of Excelsior in Its Visioning and Development Planning Process for Its Downtown Business Community Administrator Dawson reported on this matter, noting modifications had been made to the model resolution prepared by the City of Excelsior. Mayor Love commented he had concerns for the original resolution presented. Specifically, he believed it important for regional planning to take place versus the perceived support of the Metropolitan Council in considering each city to be its own separate entity in terms of planning for the future of the area. Councilmember Turgeon stated she was concerned that the resolution seemed to be concerned only with the viability of downtown Excelsior. Further, she noted it would seem to make sense that the two cities work together in planning for the future, and that Excelsior would be interested in gathering feedback from other cities regarding the downtown area. Mayor Love expressed his disappointment in the Excelsior City Council's choice not to participate in the Community Visioning Process being conducted by the City of Shorewood. Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 01-028, "A Resolution Supporting the City of Excelsior in Its Visioning and Development Planning Process for Its Downtown Business Community. Motion passed 5/0. C. Update on the Community Visioning Project - Bruce Chamberlain, Hoisington Koegler Group, Inc. (HKGi) Mr. Bruce Chamberlain of the Hoisington Koegler Group, Inc. (HKGi), provided a progress report on the "scoping" phase of the City's Community Visioning Project, noting strategies used to involve the community, the community outreach process, and development of the vision itself. Mayor Love thanked Mr. Chamberlain for his report, and recessed the meeting at 9:00 P.M. Mayor Love reconvened the meeting at 9:10 P.M. 8. ENGINEERINGIPUBLIC WORKS A. Discussion Regarding Cooperative Agreement for the Trunk Highway 7 and 41 Reconstruction Project Engineer Brown reported on the conditions spelled forth in the draft Cooperative Agreement for the Trunk Highway 7 and 41 Reconstruction Project. B. A Motion to Adopt a Resolution Approving Plans and Specifications and Authorizing Advertisement of Bids for the Trunk Highway 7 and 41 Reconstruction Project Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 01-029, "A Resolution Approving Plans and Specifications and Authorizing Advertisement of Bids for the Trunk Highway 7 and 41 Reconstruction Project. Motion passed 5/0. . .,CITY COUNCIL REGULAR MEETING MINUTES MAY 14, 2001 Page 6 of7 . 9. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson reported the City's Environmental Consultant was continuing to work on conceptual plans for Gideon Glen restoration project. In addition, Administrator Dawson thanked Council for recommending residents to serve as part of the Residents Advisory Committee being formed in the near future. 2. Skate Park Administrator Dawson reported the skate park was well used and had a great deal of attendance. Engineer Brown reported a majority of the equipment was in place, and he anticipated restoration of the site to occur within the next two weeks. 3. Eddy Station Engineer Brown reported there was a bit of work left to do on the site and contractors should be returning in the next few weeks to finish that work should the weather permit that to happen. 4. County Road 19 Intersection Engineer Brown reported a City design consultant would be handling the design phase of this project for . Hennepin County so that it could continue to be slated by the County as a project to take place next year. B. Mayor & City Council Mayor Love reported he had had a meeting with Mr. Stan Taube, owner of the Shorewood Village Shopping Center regarding the process, consideration being given to the rights of the propelty owners, as well as the codes, ordinances, and zoning for the CUB project proposed in that area. 10. RECESS TO EXECUTIVE SESSION Zerby moved, Turgeon seconded, recessing to Executive Session to discuss litigation regarding Eller Media at 9:30 P.M. Motion passed 5/0. Mayor Love convened the Executive Session Meeting at 9:31 P.M. Mayor Love, all Councilmembers, Administrator Dawson; City Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen as well as Special Counsel George Hoff, were in attendance. Council received a progress report regarding pending litigations involving Eller Media and Johnson vs. City of Shorewood. Lizee moved, Turgeon seconded, returning to the Regular Session of the City Council Meeting at 9:48 P.M. Motion passed. . . . . ,. '" CITY COUNCIL REGULAR MEETING MINUTES 'MAY 14,2001 Page 7 of7 Lizee moved, Turgeon seconded, adjourning the Executive Session at 9:48 P.M. 11. ADJOURNMENT Zerby moved, Turgeon seconded, adjourning the Regular City Council Meeting of May 14,2001, at 9:48 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor