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072296 CC Reg Min . . . . . . . . --.' CITY OF SHOREWOOD COUNCIL CHAMBERS REGULAR CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD MONDA Y, JULY 22, 1996 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:32 p.m. A. Roll Call Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Keane; Planning Director Brad Nielsen and Engineer Larry Brown. B . Review Agenda Present: Shaw moved, McCarty seconded to approve the agenda for July 22, 1996 as amended to remove "Malam" from the Roll Call and add "Shaw"; Item 5C was amended to reflect "preliminary plat" and delete "final plat." Motion passed 5/0. 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes July 8, 1996 Benson moved, Stover seconded to approve the City Council Regular Meeting Minutes of July 8, 1996, as amended to reflect the order of the Agenda was altered and Item No. 7 was considered after Item No. lIB; Page 5, Paragraph 3, Line 3 change "Counsel" to read "City Council"; Page 5, Paragraph 4, Line 3 change "Motion passed 4/0" to "Motion passed 4/1." Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for July 22, 1996. McCarty moved, Shaw seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A . A Motion Authorizing Appointment of Pamela Turnquist as Receptionist/Secretary. B. A Motion to Approve an Independent Contractor Agreement with Bud Storm for Right-of-way Acquisition Work. A Motion to Approve an Extension for the Filing of the Final Plat for the McCary Addition. A Motion to Approve a Block Party Request at Sweetwater Circle Cul-de-sac on Saturday, July 27, 1996, from 3:00 to 8:00 p.m. C. D. . . . . . . . REGULAR CITY COUNCIL MINUTES JUL Y 22, 1996 - PAGE 2 A Motion to Approve a Sign Plan for Camp Coffee for Stephen Bauer, 19215 State Highway 7. F. RESOLUTION NO. 96-65, "A Resolution Exempting Duck Island from Stormwater Utility Billing." E. Motion passed 5/0. 4. MATTERS FROM THE FLOOR - Andrew Waldo, 5679 Harding Lane, expressed concern, as a member of the Shorewood Preservation Committee, relative to the changes taking place in the Smithtown Road neighborhood. He expressed disappointment in the comments which have been directed at the City Council by other community members. Mr. Waldo also felt the Council had ignored the concerns of the residents and that there has been a lack of respect on the part of the Council as well as the citizens. Mr. Waldo suggested discussing the possibility that Shorewood may not be a classic suburb and that conformity to a citywide standard may actually be destructive in the kind of community the citizens have come here to find. Mr. Waldo stated he is hopeful members of the community will find new ways of addressing their concerns to the Council. Mayor Bean noted the Council had received copies of Mr. Waldo's letter and expressed his appreciation for Mr. Waldo's comments. Ed Bergslien, 24785 Smithtown Road, expressed his concern relative to the scheduled work session and the consideration which will be given to Agenda Item No.4 with respect to the policy on corner lots relative to hook up and assessment. Mr. Bergslien inquired if a property owner who is located on a corner lot would be assessed twice for being located on two streets. In addition, Mr. Bergslien asked why this issue was not being heard at a public meeting. Mayor Bean clarified the work session is a public meeting, however, it is held in the context of a work study session in which no action will be taken. Mayor Bean further noted the work session was not an environment where there would be public input testimony since the primary purpose of the meeting is to allow Council to review information and discuss various options with City Staff. City Administrator Hurm clarified the question would not be of an additional charge, but rather a question of what the policy should be in terms of a special assessment or hook up requirements and that it is a technical question for Council discussion. 5. PLANNING - Report by Representative Planning Director Nielsen reviewed the matters considered and actions taken by the Planning Commission at the July 16, 1996 meeting (detailed in the minutes of that meeting). A. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback VarianceNariance to Expand a Nonconforming Structure. Applicant: Location: William Jensen 4880 Rustic Way Stover noted her approval and commented this is an improvement and also meets the standards for granting a variance. . . . REGULAR CITY COUNCIL MINUTES JUL Y 22, 1996 - PAGE 3 Stover moved, Shaw seconded directing staff to prepare Findings of Fact approving a setback variance/variance to expand a nonconforming structure for William Jensen, 4880 Rustic Way. Motion passed 5/0. B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance. Applicant: Location: Cheryl Johnson 5785 Eureka Road Planning Director Nielsen reviewed the matter in detail. Ms. Johnson was in attendance. Shaw moved, McCarty seconded directing staff to prepare Findings of Fact approving a setback variance for Cheryl Johnson, 5786 Eureka Road. Motion passed 5/0. C. A Motion Approving Preliminary Plat - Smithtown Woods. Applicant: Location: Clint Carlson and Brian Ohland 25895 and 25865 Smithtown Road Planning Director Nielsen reviewed the matter in detail. Stover moved, McCarty seconded approving Preliminary Plat - Smith town Woods for Clint Carlson and Brian Ohland, 25895 and 25865 Smithtown . Road. Motion passed 5/0. D. A Motion to Adopt a Resolution Approving a Simple Subdivision. . . . Applicant: Location: James Anderst 6020 Chaska Road Planning Director Nielsen reviewed the matter in detail. Mayor Bean inquired if this property would have been subdivided had the neighboring property not been looking for additional parking space. Mr. Anderst was present and indicated he would still be seeking to subdivide the property. He also informed the Council a closing date has been scheduled for July 23, 1996. McCarty moved, Stover seconded adopting RESOLUTION NO. 96-66, "A Resolution Approving a Simple Subdivision for James Anderst, 6020 Chaska Road." Motion passed 5/0. 6. CONSIDERATION OF AN APPEAL TO A ZONING VIOLATION Appellant: Location: Scott Cabalka Adjacent to and North of 5885 Christmas Lake Road Planning Director Nielsen reviewed the matter in detail. Mr. Cabalka was not in attendance at the meeting. Councilmember Shaw asked if prior City Council Minutes had been reviewed with regard to this matter. Nielsen gave a brief history of the prior Council meetings with respect to . . . . . . . REGULAR CITY COUNCIL MINUTES JUL Y 22, 1996 - PAGE 4 this matter. Councilmember Shaw noted he had a recollection of the matter being considered with some finality. Councilmember Stover stated in 1981 she was a member of the Planning Commission and had visited the property and at that time there was not an existing dock. Nielsen stated he would research this issue further. Stover moved, McCarty seconded approving an extension of no later than August 6, 1996, to appeal the zoning violation for Scott Cabalka, adjacent to and north of 5885 Christmas Lake Road. Motion passed 5/0. 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION EXCLUDING THE CITY FROM JOINT POWERS AGREEMENT WITH SUBURBAN ALLIANCE City Administrator Hurm reviewed the matter and. noted a need for the suburban communities to discuss this issue and determine if there is a need for this particular service and if the Suburban Alliance can correct its current situation or if there should be a reconstituted alliance of the suburbs. Hurm expressed a concern with leaving social services completely with the County without an alliance of the suburbs to ensure the social service needs of the city are addressed. Councilmember Shaw inquired if other cities had been consulted with regard to this agreement. Hurm stated there had been several meetings and there will be a needs assessment, however, he was not aware of the actions of other involved cities. Shaw asked which cities were involved in the Suburban Alliance and Hurm stated he would provide that information. Mayor Bean inquired as to the nature of the debt. Hurm stated he did not have that particular information, however, he noted his understanding the debt was to sub service providers. Mayor Bean stated he would like that issue explored further. Hurm mentioned there could have been an issue with potential funding which could have been applied for or received. He suggested reviewing the actions which had been taken in this regard over the past year. Benson moved, Stover seconded adopting RESOLUTION NO. 96-67, "A Resolution giving notice of intent to withdraw from the Suburban Alliance effecti ve January 1, 1997." Councilmember Stover requested staff take a more extensive look at this matter. Motion passed 5/0. Mayor Bean directed staff to prepare a more in depth review of what the Suburban Alliance Programs currently consist of as well as what the potential funding commitment might be. Mayor Bean also suggested other cities be polled to ascertain the direction in which they may be going. 8. CONSIDERATION OF A MOTION AWARDING THE LOW QUOTE AND AUTHORIZING STAFF TO ENTER INTO AN AGREEMENT FOR 1996 SEAL COATING PROJECTS City Engineer Larry Brown addressed this issue in detail. Councilmember Stover stated she was uncomfortable with the short notice some residents would receive with respect to road closures. Mayor Bean asked that a letter be sent to residents notifying them of the . . . . . . . REGULAR CITY COUNCIL MINUTES JULY 22, 1996 - PAGE 5 road closures. It was noted this will push the work schedule out three weeks, however, the Council felt it would be preferable to allow for notice to the residents. Benson moved, McCarty seconded awarding the low quote of $18,711 and authorizing staff to enter into an agreement with Minnesota Roadways for 1996 seal coating projects to start in three weeks time. Motion passed 5/0. 9. ADMINISTRATOR & STAFF REPORTS Planning Director Nielsen noted a meeting has been scheduled for July 23, 1996, from 5:00 to 7:00 p.m. with the Shady Hills Neighborhood to discuss concerns and possible alternatives to the traffic problems in that area. A report will be provided to Council at the next meeting. 10. MA YOR & CITY COUNCIL REPORTS Councilmember Stover inquired with respect to the letter which was to be available for Council review which was intended to be sent to the Smithtown residents with regard to easements and possible options. Attorney Keane stated this letter would be forthcoming. Recognition of Snowmobile Task Force Members Mayor Bean expressed appreciation to the Snowmobile Task Force Members to include Virginia Kolstad, Co-chair, Bill Colopoulos, Co-chair, Dana George, John Arnst, Warren Peterson, Roxanne Martin, Alternate, Laura Turgeon, Alternate, Troy Stottler, and Ingrid Schaff, as well as other City Staff including Police Chief Young, City Administrator Hurm, Snow Patrol Representative Puzak, Becky Tarvin, Staff Support, and Judy Marshik, Facilitator. Mayor Bean noted a memo had been received from Police Chief Young regarding the radar cart which had been placed at Howard's Point Road on July 3rd at 2:27 p.m. and removed on July 10th at 5:51 p.m. During this one week period of time, 7,898 vehicles were counted and 77 percent of these vehicles were traveling in excess of the 20 mph speed limit. If the speed limit had been enforced to 30 mph limit, there would have been 1,494 citations. Councilmember Benson stated there have been many requests for changes in the speed limit in this area and expressed his opinion the current speed limit should be enforced. Mayor Bean stated his agreement the speed limit should be enforced rather than increased. Mayor Bean noted the Coordinating Committee has ratified a contract which has been approved by the Union. Total compensation costs were 2.6 percent for 1996 and 2.7 percent for 1997. The average compensation cost for two years was 2.6 percent. . . . . . . . REGULAR CITY COUNCIL MINUTES JUL Y 22, 1996 - PAGE 6 11. ADJOURNMENT McCarty moved, Benson seconded to adjourn the City Council meeting at 8:45 p.m. to a Work Study Session subject to approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: i~~.~(1~0,--\.-t3 f~CJtL___ ROBERT B. BEAN, MAYOR JAME