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092500 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 25, 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; and Planning Director Nielsen Absent: Finance Director Burton B. Review Agenda Mayor Love reviewed the Agenda. Councilmember Garfunkel asked that Item 3A be removed to Item 5A on the Agenda. Garfunkel moved, Lizee seconded, approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 11, 2000 Lizee moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for September 11, 2000, as amended on Page 5, Item 9A2, Sentence 5, change "Leopald's" to "Leipold's". Motion passed 5/0. B. City Council Executive Session Meeting Minutes, September 11, 2000 Stover moved, Garfunkel seconded, approving the City Council Executive Session Meeting Minutes for September 11, 2000, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, Approving the Motions Contained in the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Authorizing Submittal of a 2000-2001 Winter Trail Activities Permit (This item was removed from the Consent Agenda and moved to Item SA.) B. A Motion Granting a One-Year Extension of Time for a Variance Request, Extending to October 11, 2001. Applicant: Scott M. Olson Location: 6125 Ridge Road . . . REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 25, 2000 Page 2 of7 C. A Motion Approving an Agreement for Auditing Services D. A Motion to Approve the Proposed 2001 Animal Control Contract with the City of Orono Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor this evening. 5. PARKS Commissioner Arnst reported there had not been a meeting of the Parks Commission since the last Council meeting, thus, there was nothing to report at this time. A. A Motion Authorizing Submittal of a 2000-2001 Winter Trail Activities Permit Director Nielsen reviewed the need for the Activities Permit, noting there would be no snowmobiles allowed on the trail, but hiking, biking, snow shoeing, cross country skiing, pet walking and horseback riding would continue to be allowed on the trail this winter. Councilmember Garfunkel wondered what the noted impact had been from the changes made last year regarding horseback riding and snowmobile use on the trail. Engineer Brown responded there had been no complaints related to horse droppings, although the trail had not been heavily used for horseback riding. The only noted difference regarding snowmobile use was that there had been additional traffic in other areas as people chose other routes to get to their desired destination. There had been four to five requests for bales of hay for residents which he stated to be unusual in any year. Councilmember Garfunkel stated he would like to continue to monitor the trail use as he wanted there to be an understanding of what had been done in the past and the possible repercussions as a result of those decisions. Stover moved, Lizee seconded, Authorizing Submittal of a 2000-2001 Winter Trail Activities Permit. Motion passed 5/0. 6. PLANNING Mayor Love thanked Commissioner Woodruff and the Planning Commission for a productive Study Session at the last Planning Commission meeting. A. A Motion Directing Staff to Prepare Findings of Fact for a Conditional Use Permit and Setback Variance for Baseball Dugouts at Freeman Park Applicant: South Tonka Baseball Location: Freeman Park (Fields 1 & 2) . . . REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 25, 2000 Page 3 of7 Director Nielsen explained the request to include three dugouts which required Conditional Use Permits, and the fourth required a Variance. He noted the dugouts were proposed as "lean-to" type shelters on posts with removable siding to protect the players from the elements. He noted Brian Tische and Gordon Lindstrom from South Tonka Baseball were in attendance this evening should Council have questions. Commissioner Woodruff explained the vote of the Planning Commission as it related to this matter, noting the Commission found that no hardship situation existed in the variance request. Brian Tische, 6240 Cypress Drive, Excelsior, explained, as President of South Tonka Baseball, the need for dugouts in the Park. He noted the dugouts are consistent with the use of the game providing shelter and safety to players from the game and weather. Councilmember Lizee stated she had been in attendance at Park Commission meetings in the past year and there had been discussion of improvements to the ballfields by South Tonka Little League. It was her belief that the dugouts along the property line were not part of that discussion. Jan Caugen, 26050 Shorewood Oaks Drive, stated her property is directly in back of the baseball fields and she is against this request. She stated she had problems with the people attending the games-in particular the litter that is left after the game, as well as the heavy foot traffic along the fence line. Commissioner Arnst referred to a copy of the July 1999 Park Commission minutes wherein she clarified that the Park Commission did not approve the dugout phase of improvements. A motion was passed by the Park Commission supporting Phase I and Phase II of South Tonka's plans. Arnst said the Park Commission did not approve Phase ill, which included the dugouts on the property line which required a variance. John F. Healey, 26040 Shorewood Oaks Drive, stated he would like to commend the South Tanka Baseball group for their efforts in trying to improve this area of the park, however, he also noted he had been cursed at by the people attending the baseball games as well as being shown a significant amount of disrepect for his property. He noted a three foot wide swath had been cut through the trees on his property. Further, he believed the ballplayers to be showing blatant disrespect for personal property by leaving litter, traversing his property without permission, and creating more trash in that area of the park. He also was concerned for gender bias in this case, as no money was forthcoming for girls' sports. Paula Dolan, 6000 Charleston Circle, commended the South Tonka Baseball group for all the hard work and effort put into trying to upgrade the fields. She noted it was an effort to try to keep kids attracted to the sport and the park looked a lot nicer as a result. She noted she made an effort to pick up trash after games and is in support of the dugouts. Molly Seiferts, 26030 Shorewood Oaks Drive, stated she is not bothered by the dugouts, but was concerned for accommodations and monies related to girls soccer. Mayor Love clearly stated that improvements made to the ballfields are not derived from City funds, but are monies raised by the sports organizations. He emphasized his support for both girls and boys sports programs, and referred to a letter recently sent to the City by a middle school aged female who inquired about girl's football. Brian Tische again addressed the group to explain that South Tonka Baseball is a volunteer organization with monies for this project being raised with this purpose through the community. He noted the intention was to make improvements to the baseball fields done for betterment of the sport. He noted . . . REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 25, 2000 Page 4 of7 many of these problems discussed existed prior in the area and the baseball teams and associations try to be good neighbors to the people living around the park. However, he explained, it can be difficult in working with a program of five hundred boys and girls. He noted it will take the efforts of the City, other volunteers, and the neighborhood working together to make the Freeman Park area successful. Councilmember Stover then read the qualifications required to prove a hardship situation existed in a variance. She explained that all three conditions needed to be met and if anyone did not fit, then the variance would have to be denied. Councilmember Zerby said the problems stated this evening seemed to be related to seasonal use and he wondered if another sort of shelter, more like a tent structure, would help to ease the problems discussed in some way. Mayor Love stated although he had the highest regard for South Tonka Baseball for its contributions to the park, variances are a severe test put forth by the City Code, and he would be reluctant to grant the variance in this case, as it would seem as though the City is granting a variance for itself since Freeman Park is a City park. Garfunkel moved, Stover seconded, Directing Staff to Prepare Findings of Fact for a Conditional Use Permit for Baseball Dugouts labeled B, C, and D on the Site Plan for Freeman Park. Councilmember Zerby questioned the need for more trash receptacles in this area. Engineer Brown explained there are forty-seven trash receptacles in the park currently which require a fair amount of work for disposal. Councilmember Zerby then summarized that the problem seemed to be getting the trash to the receptacle. Motion passed 5/0. B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for a Special Home Occupation Ms. Cynthia Marr, 6015 Chaska Road, was in attendance, and addressed Council noting that she had been in business at this address for nineteen years with success and is quite strict in her hours. Commissioner Woodruff also explained the Planning Commission had requested hours of service at this address to be 7:00 A.M. to 9:00 P.M. Ms. Marr stated she does not have any dogs on her premises after 4:00 P.M. as a general rule. Stover moved, Lizee seconded, Adopting RESOLUTION NO. 00-092, "A Resolution Approving a Conditional Use Permit for a Special Home Occupation for Cynthia Marr, 6015 Chaska Road." Motion passed 5/0. C. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Fill in Excess of 100 Cubic Yards Director Nielsen provided background on the site and proposed grading plan. Commissioner Woodruff noted that the neighbor to the south of this property is very much in favor of this plan as it would help drainage in the area. She also noted there had been a concern over the amount of traffic on the road as this was considered an "opportunistic fill", meaning it would be delivered as it became available, and the amount would be substantial. REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 25, 2000 Page 5 of7 . Mayor Love asked if the erosion and runoff to the lake was being controlled by a double silt fence. Engineer Brown responded affirmatively. Mayor Love stated he would like to see this site monitored with aggressive yet reasonable measures in fencing to control the erosion. Engineer Brown also commented the issue of "opportunistic fill" may be bothersome in this case, but the site had to restored by June, 2001. He also noted that since this is an extended period of time there were also Best Management Practices of the Minnehaha Creek Watershed District mandating temporary cover to be utilized. Garfunkel moved, Stover seconded, Adopting RESOLUTION NO. 00-093, "A Resolution Approving a Conditional Use Permit for Fill in Excess of 100 Cubic Yards for David Sauer, 5965 Galpin Lake Road." Motion passed 5/0. 7. GENERAL A. Consideration of a Scope of Services for an Environmental Consultant Lizee moved, Zerby seconded, Approving the Hiring of an Environmental Consultant. Motion passed 5/0. 8. ENGINEERINGIPUBLIC WORKS . A. A Motion to Adopt a Resolution Approving the Capital Improvement Program for the Years 2000-2005 Engineer Brown explained the Capital Improvement Plan format, with new graphic design cover, included six years, rather than the normal five year cycle. He added the Council had provided great feedback and improvements related to this format. He also noted this document can be amended if needed. Councilmember Zerby complimented Engineer Brown on the new format and his hard work on this document. Stover moved, Zerby seconded, Adopting RESOLUTION NO. 00-094, "A Resolution Approving the Capital Improvement Program for the Years 2000-2005." B. A Motion to Adopt a Resolution Accepting Noble Road and Senior Community Center Drainage Engineer Brown took this opportunity to compliment and thank Mr. Phil Tipka, the City's Field Representive. He noted Mr. Tipka had provided an excellent example of good work on this project in many ways. Lizee moved, Stover seconded, Adopting RESOLUTION NO. 00-095, "A Resolution Accepting Noble Road and Senior Community Center Drainage Improvement, and Authorizing Final . Payment." Motion passed 5/0. . . . REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 25, 2000 Page 6of7 C. A Motion to Adopt a Resolution Declaring Public Purpose and To Begin Right of Way Condemnation Proceedings Engineer Brown provided background related to this matter, noting the acquisitions have to do with realignment of the intersection. Stover moved, Lizee seconded, Adopting RESOLUTION NO. 00-096, "A Resolution Declaring Public Purpose and To Begin Right of Way Condemnation Proceedings." Councilmember Zerby questioned whether a second drive was being considered for the west end of this intersection. Engineer Brown responded affirmatively. Motion passed 5/0. D. A Motion Authorizing the Mayor and Acting City Administrator to Enter into a Lease Agreement with E. H. Renner and Sons for the Furnishing and Installation of a Municipal Well Pump. Engineer Brown provided history on this matter noting it would be cost effective for the City to allow this area of the City to connect with the City of Excelsior's water system. Mayor Love thanked Engineer Brown for his work on this matter, noting it would make sense economically as well as being a great example of sharing services and infrastructure with another community. Councilmember Stover commented this well seemed to be problematic almost from the beginning of its use and it would be financially irresponsible to continue to work with it in the same manner. Councilmember Lizee agreed as well. Zerby moved, Stover seconded, Authorizing the Mayor and Acting City Administrator to Enter into a Lease Agreement with E. H. Renner and Sons for the Furnishing and Installation of a Municipal Well Pump. Motion passed 5/0. 9. REPORTS A. Administrator & Staff Reports 1. Gideon Glen Director Nielsen noted representatives will be meeting soon with the property owner to begin negotiations of acquisition. 2. Skate Park Director Nielsen explained Mayor Love had made a presentation to the Excelsior Chamber of Commerce. As a result, many Chamber members had pledged support to this project. Staff will begin preparing a construction and finance plan for the Skate Park. . . . REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 25, 2000 Page 7 of7 3. Eddy Station Building plans are moving forward, Engineer Brown reported, and he liked what had been done thus far on the project. The concrete block will be delivered in the next few days. 4. Administrative Search There are approximately eighteen applicants for this position with interviews to be taking place on November 17 and 18,2000. 5. Joint Meeting with Tonka Bay City Council There will be a joint meeting between the City Councils of Tonka Bay and Shorewood on October 3, 2000, at 6:00 P.M. to discuss the County Road 19 Intersection. B. Mayor & City Council Reports Councilmember Zerby stated he is the liaison for the Lake Minnetonka Cable Commission and upgrades for digital cable are available within the City. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting of September 25, 2000, subject to the approval of claims at 8:50 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: 3~\ ~'~')f\~'::>~~\G ~ Jean Panchyshyn, Deputy Clerk: