Loading...
072400 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 24, 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 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Stover, and Zerby; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the agenda. Director Nielsen requested Council's review of Item 6G and 6H be considered a first reading rather than adoption of an ordinance. Lizee moved, Garfunkel seconded, approving the agenda as amended. Motion passed 5/0. 2. APPRO V AL OF MINUTES A. City Council Executive Session Meeting Minutes, July 10, 2000 Garfunkel moved, Lizee seconded, approving the City Council Executive Session Meeting Minutes for July 10, 2000, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, July 10, 2000 Garfunkel moved, Stover seconded, approving the City Council Regular Meeting Minutes for July 10, 2000, as amended on Page 2, Item 7 A, Paragraph 5, Sentence 2, change "Shoal Madson" to read "Schoell and Madson, Inc." Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Stover seconded, Approving the Motions Contained in the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Approving a Party Registration and Permit Request for a Family Reunion on August 19, 2000 from 6:00 p.m. - 10:00 p.m. Applicant: Ron and Sue Forneris Location: 5730 Brentridge Drive B. A Motion Approving a Party Registration and Permit Request for a Block Party on August 11,2000 from 7:00 p.m. -11:00 p.m. Applicant: Jeanne Mach Location: Chestnut Court cul-de-sac (6040 - 6055 Chestnut Court) C. A Motion Authorizing Signatories on the City's Bank Accounts at Beacon Bank . . . CITY COUNCIL REGULAR MEETING MINUTES-July 24, 2000 Page 2 of8 D. A Motion Authorizing Expenditure of Funds for Generator Retrofit E. A Motion Adopting RESOLUTION NO. 00-069, "A Resolution Awarding Contract for Snowplows, Dump Box, and Hydraulic Systems for A Snow Plow Vehicle." F. A Motion Approving a Party Registration and Permit Request for a Summer Party on July 30, 2000 from 1:00 p.m. -7:00 p.m. Applicant: Scott Zerby Location: 5680 Christopher Road Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor this evening. 5. PARKS A. Report on Park Commission Meeting Held July 11,2000 Commissioner Bix reported on the matters considered and actions taken at the July 11, 2000, Park Commission Meeting (as detailed in the minutes of that meeting). B. A Motion to Adopt an Ordinance Related to Park User Fees Director Nielsen explained he would like Council to consider this a first reading of the ordinance as the draft presented does not include specific wording changes as needed. He stated this ordinance would be brought forward at a later City Council meeting for adoption. Mayor Love commented the change in collection of park user fees was an excellent solution to the problem of how to continue to provide excellent park facilities for the public. Stover moved, Zerby seconded, accepting this draft as a First Reading of an Ordinance Related to Park User Fees. Motion passed 5/0. C. A Motion Establishing a Date for Ground Breaking Ceremony for Eddy Station Council directed staff to establish a date for the Ground Breaking Ceremony for Eddy Station in the near future. 6. PLANNING Commissioner Turgeon explained she would provide a report from the Planning Commission after each of the following areas as needed rather than reporting on them all at one time. A. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Fill in Excess of 100 Cubic Yards Applicant: Jim Akins Location: 27820 Island View Road Director Nielsen reported that there was a public hearing on this matter before the Planning Commission on July 11, 2000. Approval by the Planning Commission followed, noting concerns regarding drainage had been accommodated on this site. Also, the applicant had provided extensive landscaping above and beyond City ordinance requirements. CITY COUNCIL REGULAR MEETING MINUTES-July 24, 2000 Page 3 of 8 . Commissioner Turgeon noted the applicant and his neighbors had been discussing the opportunity of coordinating efforts regarding grading in this area. She also noted the Planning Commission had approved this matter as a grading plan rather than a specific amount of fill. Lizee moved, Stover seconded, Adopting RESOLUTION NO. 00-070, "A Resolution Approving a Conditional Use Permit for Fill in Excess of 100 Cubic Yards for Jim Akins, 27820 Island View Road." Councilmember Lizee stated her motion to approve was not enacted because of Mr. Akins' threat of a lawsuit toward the City. Furthermore, she stated she was very offended by this threat. She noted the City has talented staff and suggested that in the future Mr. Akins work within the boundaries designated to expedite the process of his requests. Motion passed 5/0. B. A Motion Directing Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Telecommunications Facilities on the Southeast Area Water Tower Applicant: Metricom Location: Southeast Area Water Tower Site Director Nielsen explained history surrounding this matter. He noted the request from Metricom was for space on the water tower at the height of 75 feet and for an equipment platform and cabinet on site. Director Nielsen commented both land use and code requirements had been met by Metricom. . Garrett Lysiak, the City's Telecommunications Consultant, was also in attendance and offered to answer any questions for Council. Attorney Keane then provided a historical review for Council of the Telecommunications Act, noting this provider. was clearly within the definition of the Telecommunications Act and was entitled to local deference in this matter. Commissioner Turgeon explained the concerns of the Planning Commission regarding the Telecommunications Act. There also was concern stated by commissioners regarding a line of credit being provided by Metricom in effort to ensure available money for removal costs of this system if need be in the future. Steve Carlson, Real Estate Broker for Metricom, provided a brief explanation of Metric om' s benefits to the area. Councilmember Garfunkel asked Mr. Carlson if the system could be used for voice services as well as data. Mr. Carlson explained this system was not a phone system, but could be used as a voice service through Internet access. Zerby moved, Lizee seconded, Directing Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Telecommunications Facilities for Metricom on the Southeast Area Water Tower. Motion passed 5/0. . C. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Applicant: Tom and Pam Zachman Location: 4960 Shady Island Circle Director Nielsen provided history and analysis regarding this request for a Conditional Use Permit. Commissioner Turgeon noted the Planning Commission's approval. . . . CITY COUNCIL REGULAR MEETING MINUTES-July 24, 2000 Page 4 of 8 Garfunkel moved, Stover seconded, Adopting RESOLUTION NO. 00-071, "A Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet for Tom and Pam Zachman, 4960 Shady Island Circle." Motion passed 4/1, with Lizee dissenting. Councilmember Lizee explained her vote in that she had concerns with the placement of the garage and thought it might be better to expand what currently existed. D. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Applicant: Robert and Jean Weiss Location: 6175 Lake Virginia Drive Director Nielsen provided background related to this matter, and Commissioner Turgeon noted the approval of the Planning Commission. Councilmember Zerby questioned why there was no driveway designated for this garage. Director Nielsen explained it was not needed because the owner would be using it more as a storage facility than a garage. Stover moved, Lizee seconded, Adopt RESOLUTION NO. 00-072, "A Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet for Robert and Jean Weiss, 6175 Lake Virginia Drive." Motion passed 5/0. Attorney Keane reported he needed to leave this meeting at approximately 8:00 P.M. Attorney Sean Kelly of Larkin, Hoffman, Daly, and Lindgren Ltd., would be sitting in for Attorney Keane for the remainder of the meeting. Attorney Keane also noted he had information to share with Council regarding Item 9A6 of tonight's agenda and respectfully asked Council to consider hearing this information at this time. Council agreed. Attorney Keane stated he and Director Nielsen were planning to attend a meeting of the Lake, Minnetonka Conservation District on Wednesday, July 26, 2000, to allow the City's position to be on record as it related to this matter. At this time, Mayor Love noted his past history with the Shorewood Yacht Club and excused himself from discussion and voting on this matter. He removed himself at this time and turned the meeting over to Councilmember Stover to act as Mayor through the course of the matter this evening. Attorney Keane stated he had researched this matter and his conclusion was that there were a number of things which had transpired that interfered with the Shorewood Yacht Club's beliefs related to a 1978 court order governing that site. He explained that the City did pass RESOLUTION NO. 2479 approving the Shorewood Yacht Club's request for 80 slips and the City's compromise for formal approval. Also, he noted the City's codes have been amended, and since 1985, the property had been rezoned RINS. Prior to 1985, the zoning for the property in question was LR, allowing the harboring of boats. He noted it is his conclusion the Shorewood Yacht Club does need to rezone to the LR district and proceed with plans under those ordinances. There were no questions from Council. Mr. John Cross, owner of the Shorewood Yacht Club, and his attorney, Mr. Walter Baker, were in attendance. Mr. Baker addressed Council and stated he still continued to disagree with the Council and hoped the matter could be resolved successfully. Attorney Keane left the meeting at 8:00 P.M. CITY COUNCIL REGULAR MEETING MINUTES-July 24, 2000 Page 5 of 8 . E. A Motion Directing Staff to Prepare a Findings of Fact Regarding a Bluff Setback Variance Applicant: Greg and Molly Swirtz Location: 6090 Ridge Road Director Nielsen provided detailed analysis and history regarding this site, noting the deck had not been designed yet, but Mr. Swirtz indicated it to be of fairly standard design. Also, Director Nielsen noted the design of the deck was proposed to be aesthetically pleasing to view from the lake and addressed erosion concerns on site. Commissioner Turgeon commented the Planning Commission had concerns about whether this met criteria for a variance, but approved the request. Mayor Love stated it did seem to meet the spirit of the DNR bluff setback requirements. Mr. Greg Swirz, the homeowner, was in attendance and explained to Council that the deck footings and posts would be constructed on a gravel path approximately five feet in width which is already in existence so no excavation into the site or bluff would need to occur beyond that. He stated he had no real yard to speak of so the deck would be acting in that capacity for his family. Lizee moved, Stover seconded, Directing Staff to Prepare a Findings of Fact Regarding a Bluff Setback Variance for Greg and Molly Swirtz, 6090 Ridge Road. Motion passed 5/0. . Councilmember Lizee commented the topography on Ridge Road is difficult to work with, and she believed this to be a great example of creative problem-solving on this site. F. A Motion Directing Staff to Prepare a Resolution Approving a Simple Subdivision/Combination (Lot Line Rearrangement) Applicant: Herbert Margolis Location: 28045 Boulder Bridge Drive Director Nielsen explained the rearrangement history of this site to Council. Commissioner Turgeon noted the support of the Planning Commission. Mr. Margolis, homeowner, was in attendance and explained his wish to even out the property lines and to make the shrubbery near his property that he is currently maintaining his own. Zerby moved, Garfunkel seconded, Directing Staff to Prepare a Resolution Approving a Simple Subdivision/Combination (Lot Line Rearrangement) for Herbert Margolis, 28045 Boulder Bridge Drive. Motion passed 5/0. G. A Motion to Adopt an Ordinance Amending the Shorewood Zoning Code Reducing the Allowable Density for Senior Housing Projects Director Nielsen reminded Council this was to be considered a first reading of this ordinance and asked for comments from Council related to the amended ordinance. Councilmember Stover and Mayor Love noted they would like to see a site selection survey completed prior to approval of this ordinance. . Director Nielsen noted the intentions of the Planning Commission with this ordinance and the spirit under which they had proceeded in this matter. . . . CITY COUNCIL REGULAR MEETING MINUTES-July 24, 2000 Page 6 of8 . After a bit of discussion related to the need for a site selection survey, Mayor Love concluded, with Council's direction, that the Council would like to see a site selection survey and perhaps the Planning Commission could accelerate consideration of that survey and report back to Council at a later date. Garfunkel moved, Zerby seconded, considering this a first reading of an Ordinance Amending the Shore wood Zoning Code Reducing the Allowable Density for Senior Housing Projects. Motion passed 5/0. H. A Motion to Adopt an Ordinance Amending the Shorewood Zoning Code Regulating Nonconforming Accessory Structures Director Nielsen again reminded Council to consider this a first reading of the ordinance and explained to Council that a homeowner could apply for a variance from this ordinance if they could demonstrate hardship in the matter. Councilmember Zerby reiterated a situation where according to the way the ordinance currently exists, a. "teardown" having a nonconforming historical building with character had been allowed to remain. Director Nielsen stated that according to this revision the ordinance would state that in the future, a building such as that one, would need to be removed or brought into conformance, despite its charm and character. Commissioner Turgeon stated the Planning Commission had approved this matter 6/1, with a Commissioner having concern about the lack of flexibility in the standard. Stover moved, Lizee seconded, considering this a first reading of an Ordinance Amending the Shorewood Zoning Code Regulating Nonconforming Accessory. Mayor Love stated he appreciated the amount of thought and discussion regarding this revision as well as the effort by Staff and Planning Commission to bring this matter forward. Councilmember Stover also voiced her support. Motion passed 5/0. 7. GENERAL A. A Motion to Adopt an Ordinance Regulating the Use of Phosphate Fertilizers Director Nielsen provided historical background regarding this ordinance. He noted this ordinance would limit and almost prohibit the use of phosphate fertilizer for lawn application, except for new lawns for the course of one year. Also, there would be a provision regarding the sale of fertilizer which is not prohibitive, but attempts to heavily limit its sale in outlets, and places certain conditions on those sales. Director Nielsen asked the City Attorney to comment on the sale aspect of the ordinance. Mr. Kelly responded he believed it to be a permitted use of local government's regulation, but noted there should be attention paid to the point of purchase restrictions. Councilmember Garfunkef stated his concern about the definition of the term "small quantities" within the ordinance. Also, he asked about the enforcement aspect of this ordinance. Mayor Love commented he believed this ordinance to be primarily educational with the force of law behind it, similar to the laws regarding recycling. He also commented there are other local communities looking into requiring similar ordinances. . . . CITY COUNCIL REGULAR MEETING MINUTES-July 24, 2000 Page 7 of8 Director Nielsen clarified that this ordinance also provides for random sampling of commercial applications. Regarding residential use, he believed the enforcement action to be notification to the owner of the property noting a complaint had been received about the use of phosphorus fertilizer, sending a copy of the ordinance, and requesting compliance. Mayor Love commented he believed reasonable enforcement is the goal and because this would also effect retailers, they should be given formal specific notification as they will soon be planning buying programs for next spring. Garfunkel moved, Lizee seconded, considering this a first reading of an Ordinance Regulating the Use of Phosphate Fertilizers. Councilmember Lizee stated she believed it would also be wise to alert the manufacturers to ordinances such as these in the Midwest. Motion passed 5/0. Mayor Love called for a ten minute recess at 9:08 P.M. Mayor Love reconvened the meeting at 9:22 P.M. B. Discussion on 2001 Budget Finance Director Burton asked Council to begin consideration of budget priorities and objectives for the Year 200 I Budget. She noted there were several items to consider in this process as well as any other projects or activities the Council is interested in pursuing. She respectfully asked Council for comments and concerns regarding the anticipated budget prior to the August 14, 2000, City Council Study Session. 8. ENGINEERINGIPUBLIC WORKS A. A Motion to Approve a Resolution Approving Change Order No. 1 for Bituminous Sealcoating of Streets for the Year 2000 Engineer Brown explained that the Bituminous Sealcoating Contractor informed the City that the sole provider of cover aggregate for Minnesota has declared a shortage of material. He asked that a Change Order be issued to extend the time of completion to July, 2001. Zerby moved, Stover seconded, Approving RESOLUTION NO. 00-073, "A Resolution Approving Change Order No.1 for Bituminous Sealcoating of Streets for the Year 2000." Motion passed 5/0. B. A Motion to Adopt a Resolution A warding Contract for the Wiring of Amesbury Well Engineer Brown explained background regarding this matter. He noted the quotes obtained by Total Construction and Equipment were under the Engineer's Estimated Budget amount for this project. Lizee moved, Garfunkel seconded, Adopting RESOLUTION NO. 00-074, "A Resolution Accepting Bids and A warding Contract for the Wiring of Amesbury Well." Motion passed 5/0. 9. REPORTS . . . CITY COUNCIL REGULAR MEETING MINUTES-July 24,2000 Page 8 of8 A. Administrator & Staff Reports 1. Gideon Glen - Appraiser's Report Director Nielsen stated the appraiser has completed his work and a report will be available at the August 14, City Council Study Session. 2. Skate Park Engineer Brown noted he had walked the anticipated site for the Skate Park and was not at all pleased with MNDOT's efforts to restore the site as promised after utilizing it during completion of another project. He will be asking for further restoration on that site by MNDOT. 3. Eddy Station Engineer Brown reported earthwork will begin this week as well as installation of a temporary fence in an effort to limit vandalism in that area and to reduce liability surrounding the excavation site as a public safety issue. 4. County Road 19 Intersection There is a joint meeting scheduled between the City Councils of Tonka Bay and Shorewood on July 25, 2000, at the Southshore Community Center at 6:30 P.M. Mayor Love commented there are issues of safety and aesthetic improvements to be made to the intersection as well as wanting to reduce "impulse traffic" on Country Club Road. 5. Auction of Vehicles - Hennepin County Auction Engineer Brown reported the Cadillac and Jeep had been disposed of as part of this auction. 6. Shorewood Yacht Club This matter had been addressed earlier in the meeting after Item 6D. B. Mayor & City Council Reports There was nothing to report at this time. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting of July 24, 2000, at 9:46 P.M., subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED. Sally Keefe, Recording Secretary Woody Love, Mayor