Loading...
050800 CC Reg Min r . . - - ..' CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 8, 2000 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, Stover, and Zerby; City of Shorewood Attorney Keane; Planning Director Nielsen; and Public Works Director/Engineer Brown . Absent: None B. Review Agenda Lizee moved, Stover seconded, approving the agenda as presented. Motion passed 5/0. C. Invitation to Council from Tad Shaw, Minnetonka Community Education and Services (MCES) representative Tad Shaw, representing Minnetonka Community Education and Services, extended an invitation to Council for the annual meeting of Minnetonka Community Education and Services. Mr. Shaw stated this is a worthwhile annual event which typically proves to be very interesting and exciting. Those in attendance will include the ten cities which help to make up the MCES, the school district, and four service agencies as well as state senators. This year's meeting will take place on May 18 from 7:15-8:45 A.M. Food and beverages will be provided. 2. APPROVAL OF MINUTES A. City Council Reconvened Board of Review Meeting Minutes April 24, 2000 Garfunkel moved, Lizee seconded, approving the City Council Reconvened Board of Review Meeting Minutes for April 24, 2000. Motion passed 5/0. B. City Council Executive Session Meeting Minutes April 24, 2000 Garfunkel moved, Stover seconded, approving the City Council Executive Session Meeting Minutes for April 24, 2000. Motion passed 5/0. C. City Council Regular Meeting Minutes April 24, 2000 Lizee moved, Zerby seconded, approving the City Council Regular Meeting Minutes for April 24, 2000, as amended on Page 3, Paragraph 7, Sentence 1, change to read "the motion in terms of fact, : . . . ': CITY COUNCIL REGULAR MEETING MINUTES - MAY 8, 2000 Page 2 of6 not in terms of sentiment"; Page 3, Paragraph 8, change the motion to read "Motion failed 2/3 with Lizee, Stover, and Love voting against." Motion passed 5/0. D. City Council Work Session Meeting Minutes April 24, 2000 Stover moved, Garfunkel seconded, approving the City Council Work Session Meeting Minutes for April 24, 2000, as amended on Page 2, Paragraph 4, Line 2, change "October 1st. to October 31st." Motion passed 5/0. 3. CONSENT AGENDA Stover moved, Garfunkel seconded, approving the Motions contained on the Consent Agenda and Adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 00-044 "A Resolution Approving a Tree Trimmers License." B. A Motion Adopting RESOLUTION NO. 00-045. "A Resolution Authorizing the Mayor and City Administrator to Enter into a Municipal Recycling Grant Agreement with Hennepin County." C. A Motion Approving a Party Registration and Permit Request for a Birthday Party on May 12, 2000 from 7:00 -12:00 p.m. for Laura Nelson, 6150 Deer Ridge. D. A Motion Approving a Parking Request from the Southshore Senior Community Center E. A Motion Accepting the Draft Comprehensive Water Resource Management Plan Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor. 5. PARKS - Report by Representative A. Report on Park Commission Work Session Meeting Held April 29, 2000 Engineer Brown reported on the matters considered and actions taken at the April 29, 2000, meeting of the Park Commission (as detailed in the minutes of that meeting). 6. PLANNING - Report by Representative Commissioner Bailey reported on the matters considered and actions taken at the May 2, 2000, meeting of the Planning Commission (as detailed in the minutes of that meeting). He noted the majority of the Planning Commission believed the draft of the Stormwater Management Plan is a well conceived approach. .. . . a, CITY COUNCIL REGULAR MEETING MINUTES - MAY 8, 2000 Page 3 of6 A. A Motion to Adopt a Resolution Approving a Conditional Use Permit Applicant: U.S. West Location: 19395 State Highway 7 Lizee moved, Stover seconded, adopting RESOLUTION NO. 00-046. "A Resolution Approving a Conditional Use Permit for U.S. West, 19395 State Highway 7." Motion passed 4/1, with Garfunkel voting against. Councilmember Garfunkel noted he believed there is another alternative, being the Southeast watertower, and he doesn't support this motion. B. A Motion to Adopt a Resolution Approving a Simple Subdivision/Combination Applicant: Tom Wartman Location: 28110/28120 Boulder Bridge Drive Stover moved, Zerby seconded, adopting RESOLUTION NO. 00-047. "A Resolution Approving a Simple Subdivision/Combination for Tom Wartman, 28110/28120 Boulder Bridge Drive. Motion passed 5/0. 7. GENERAL A. Discuss Petition from Island View Road Residents Regarding Proposed House Burning Director Nielsen explained there had been a number of calls as well as a petition and a threat of injunction from residents concerned about the proposed house burning on Island View Road. He stated he believed some of the resident's concerns to be valid, particularly related to the notification procedure followed by the fire department. While the Fire Department thought this notification was completed, the concern from the residents seemed to suggest the procedure required great improvement. Director Nielsen also explained the Excelsior Fire Department had sent residents, within the required five hundred feet radius from the property and a bit beyond, a notice of the meeting and scheduled bum. The purpose of the meeting is to discuss the bum, explain the value related to training, and address resident's concerns. This meeting is scheduled for May 9, 2000, at the Southshore Senior Center at 7:30 P.M. Mayor Love questioned the City's role in the bum. Director Nielsen responded the City must sign off on a demolition permit for the property. In the past, the Fire Department has been responsible for handling the notification of neighbors and addressing concerns. Mayor Love then explained he had a hard time being against any bum, as it is an important part of training related to public safety, but noted it seemed the mail notification was not completed sufficiently and the notification process, in itself, seems abysmal and in need of improvement. He suggested the City speak to the Fire Department about changing the notification process of Shorewood residents. He also suggested the City notify the Excelsior Fire Department and request that no bum take place before the residents and the Fire Department have a chance to meet to discuss concerns, and in addition, and an update be provided to Council at the next City Council meeting. Larry Griffith, attorney for Shorewood resident Larry Reid, as well as assistant counsel, Michelle Alstad, were in attendance at the meeting. Mr. Griffith addressed the Council stating his reasons why he believed a permit should not be granted related to burning this property as well as his concerns about the CITY COUNCIL REGULAR MEETING MINUTES - MAY 8, 2000 Page 4 of 6 notification process. He explained it appears to be a rather major bum where adjoining properties are within fifty feet. Mr. Griffith stated it was his understanding that according to the uniform fire code, any . open burning may not be done if it lies within fifty feet of any structure. He states both the Reid residence and the Cookson residence are within fifty feet of the material to be burned. He stated he believed it just doesn't make sense to grant a permit based on this information. Furthermore, he stated he and the residents appreciated the Council listening to the concerns and putting this on the agenda for this meeting. Bill Mason, 27680 Island View Road, thanked the Council for listening and noted being part of a City Council and having to make decisions for the betterment of all is not an easy task. He stated he counts on elected officials to help protect the quality of life. He asked Councilmembers to try to attend the meeting between residents and the Fire Department to find out what it is like to live with the ash and smoke as a result of a controlled bum. He suggested the Fire Department possibly think about purchasing a property in a rural area where the neighbors were not so close to take part in a training exercise of this nature. In addition, he commented the neighborhood where he resides is a very caring neighborhood where typically everyone works together. He hoped the Councilmembers would remember the importance of trying to preserve quality of life for all when considering this matter. Mayor Love stated he believed this matter had some serious questions requiring answers and he realized the current process utilized in this matter is flawed. He also understood the merits of a training exercise such as this one, and noted to buy a farm to conduct this training would come from a part of the City budget. He noted the good intent of the Fire Department in this matter, and hoped the discussion at the scheduled meeting would provide some answers for all parties concerned. . Larry Reid, 27780 Island View Road, stated he didn't blame the Fire Department as much as the petitioner for the bum in this case. He stated he believed this bum was part of a deceitful endeavor and done out of greed by the petitioner. He also stated he did not believe the petitioner had betterment for all as his purpose for contacting the Fire Department about conducting the bum. He supplied a letter written to the petitioner's uncle reiterating his feelings about this controlled bum. Mayor Love asked this letter be submitted to the record of this meeting. In addition, a letter was submitted to record from Matthew Cookson, 27860 Island View Road. Both letters are attached. Gail Cookson, 27860 Island View Road, stated she felt very strongly about this issue. She stated she lives less than thirty feet from the residence to be burned. Within the last sixteen months, she had moved into her residence after taking down a home on the site. She asked Council to put themselves in her shoes as her home is so close and is covered in cedar shake shingles. Mayor Love stated he appreciated hearing the concerns from the residents. He noted he will be in attendance at the informational meeting with residents and Fire Department. In addition, he stated the City would contact the Fire Department and ask that no bum take place until the informational meeting had taken place to satisfy the residents' concerns and a report be given on this matter at the next City Council meeting. He stated recommendations from the City about this process would be shared at the next meeting as well. Alice DeFilippe, 27815 Island View Road, asked if the Council would possibly be voting at the next meeting to rescind the permit. Mayor Love explained Council would be reviewing the information . . . . CITY COUNCIL REGULAR MEETING MINUTES - MAY 8, 2000 Page 5of6 shared in this meeting and the result of the informational meeting with the Fire Department. Beyond that he could not speak to the actions of the Council at this time. Councilmember Zerby asked Attorney Keane about the contract for the controlled burn. He noted the contract named the City of Excelsior, but is signed by the City of Shorewood. Attorney Keane stated he believed it to be a draft oversight. B. Discuss Stable Permit Fees Director Nielsen provided background on this matter. Duane Laurila, 55959 Eureka Road, spoke on this matter. He stated he originally thought he could live with the fee, however, he began to contact some of the neighboring cities regarding City stable fees. He found Minnetonka as well as Chaska, Orono, Independence, Minnetrista, and Bloomington have no permit or fee for a stable. He also found Victoria and Chanhassan had a $10 stable permit fee. After finding this information, he began to reconsider the City's fee as being too high. He also explained he began to question the need for a permit at all. He stated he understood the rationale behind getting a dog license as it related to vaccinations, however, the City requires the applicant to send in a picture of the stabled horse or horses. He asked Council to reconsider this ordinance and perhaps lower the fee from per animal to per stable. Councilmember Garfunkel questioned the rationale behind this ordinance. Director Nielsen stated he could only explain what the City does for this fee at this point. He explained the site is inspected by the Building Inspector to make sure the stable conforms to codes and ordinances. Also, Animal Control does a visual physical inspection of the animal to try to avoid mistreatment of animals. He also stated he believes what could be done for one horse at this point could be done for more than one, and the twenty- five dollar fee per site seemed appropriate. Mayor Love stated he agreed with the appropriateness of the twenty-five dollar site fee, further, he had concerns that best management practices were utilized related to water quality. Other councilmembers also shared this concern. Councilmember Stover commented that historically there were so many horseowners in town that an identification process was necessary. Zerby moved, Stover seconded, Directing Staff to Prepare an Amendment to the Ordinance to Change the Stable Permit Fee from per animal to per site. Motion passed 5/0. 8. ENGINEERING/PUBLIC WORKS Engineer Brown reported there were no items to add at this time. Councilmember Zerby questioned the progress on the Highway 7 Reconstruction Project. Engineer Brown responded the project is moving forward rapidly with one minor glitch in the process. MNDOT requested permission from the City to put a construction office for this project on the potential site for the Skate Park, which was granted. However, MNDOT has been utilizing the site for a staging area for the project which was not part of the agreement. MNDOT has agreed to compensate the City for the trouble by sealcoating the site and restoring the area when finished. In addition, Engineer Brown stated he anticipated one lane of the highway being closed for approximately one full month, but the lane closure is not expected to occur during rush hour time periods. . . . CITY COUNCIL REGULAR MEETING MINUTES - MAY 8, 2000 Page 6 of6 9. REPORTS A. Administrator & Staff 1. Gideon Glen Director Nielsen stated appraisers have been contacted related to this matter, and he will report back to Council at one of the next Council meetings. 2. Skate Park Director Nielsen reported there was an Open House at the site of the Skate Park ending at approximately 7:30 P.M. this evening. He noted it was really nice to see involvement of young people, not only in attendance at the Open House, but in the planning process for this Park as well. 3. Freeman Park Multipurpose Building Engineer Brown stated the project is up for bid. However, due to the timing of the building permit review process, the anticipated opening date for bidding has been pushed back a few weeks in an effort to save money by avoiding corrections through addendums to the plan. 4. Freeman Park south entrance Engineer Brown reported that MNDOT approved a Cooperative Agreement grant for closure of this entrance. The money is to be used for construction of a parking lot. B. Mayor & City Council The Council extended their continued support of the anticipated Joint Powers Agreement to Mayor Love and Councilmember Garfunkel as further talks continue on this matter. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Stover seconded, adjourning the Regular City Council Meeting at 8:10 P.M. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor May 1, 2000 Ringgate- Fire Chief Fire Department Third Street Excelsior, MN 55331 Proposed practice burn at 27820 Island View Road Gary: The purpose of this letter is to express my opposition to the proposed practice bum at 27820 Island View Road. As the nearest neighbor to the proposed burn (I estimate the house to be 30 feet from my house), my family and property face the greatest danger and risk of damage from the bum. My one year old house is almost entirely covered with cedar shakes and shingles. I understand the Excelsior Fire Dep~nt' s desire to train its personnel through a practice burn. Clearly a volunteer fire department may lack the full training ofa professional fire department, and any practice would help. However, given the unpredictable nature ora large fire, a residential neighborhood with nearby houses does not seem the safest site to conduct such training. This entire situation so far has been handIed poorly, particularly regarding the rnisinfonnation and lack of communication to the neighborhood. The Excelsior Fire Department left informing the neighbors up Jim Akins (the new property owner). I have had several conversations with Mr. Akins and the Fire Department, and have heard different versions of what the practice burn would entail each time. I assumed the other neighbors were having similar discussions, but learned a few days ago most neighbors, including Larry Reid (the other closest neighbor to the bum site) had never been informed of any burn plans! The neighbors and I have been lied to and manipulated so Mr. Akins can a large tax break, and the Excelsior Fire Department can proceed with an ill-advised training exercise. This is inexcusable, and such unprofessional conduct does not bolster my confidence in the Excelsior Fire Department. If the practice burn is allowed to proceed, I will hold you, Jim Akins, the Excelsior Fire Department, and the City of Excelsior liable for any damages done to my family, home, and property (including but not limited to all trees and plantings) related to the above referenced burn and activities of the Excelsior Fire Department. Such damage will include any and all clean-up costs associated with the burn and activities ofthe Excelsior FIre Department. Any training activities conducted by the Excelsior Fire at 27820 Island View Road after receipt of this letter by the parties listed above shall constitute agreement to the terms stated above. Matthew L. Cookson 27860 Island View Road, Shorewood, MN 55331, 474-3712 .cc Jim Akins; City of Excelsior; Larry Reid . . , <: . . . 1M -- May 5, 2000 Dean Akins 27720 Island View Road Shorewood. MN 55331 Dean. I feel you should know how all the residents feel about your nephew Jim Akins careless disregard for all our homes, trees, shrubs, boats, docks canopies and our own health by attempting to burn Hegstrom's house, which is now his. The real reason, he admits, is huge monetary gain. It is inconceivable that anyone because of selfish monetary gain would burn a lovely home in a residential neighborhood with wanton disregard for all of us and our homes. I, Gary Benson, Matt Cookson all opted to take down houses in a safe manner that did not inflict duress or property damage on adjoining property and neighbors. Jim Akins is now famous in the city of Shorewood and for sure in our nice, once quiet neighborhood. It's a shame that many of us have to waste days and days alerting one another of the danger of a resident and his utter disrespect for all of us. I did not contact you with the petition as I felt that as another Akins and the only one to sign Jim Akins "Notice of Intent to Burn" without asking for further explanation as did Randy Mora's and Louise Henkins would have any merit. Pat and I have never done anything to harm you or Doris or to damage your lovely home and property. We are really at a loss as to how you could condone your nephew's careless disregard for all of us. I intend to otect my home and property in every legal way I can. It's truly sh me that we have to spend a lot of money to protect our homes, etc.. when all y ur n hew would have to do is tear his house down in an orderly manner like has been fane' the past by others that have a concern for others. i ~