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012593 CC Reg Min ---; ~ '. . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 25, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Mayor Brancel at 7:00 p.m. A. PLEDGE OF ALLEGIANCE B. ROLL CALL Present: Mayor Brancel; Councilmembers Benson, Daugherty, Lewis and Stover; Administrator Hurm, Attorney Keane, Planner Nielsen and Finance Director Rolek. C. REVIEW AGENDA Daugherty moved, Stover seconded to approve the Agenda for January 25, 1993. . Motion passed 5/0. 2. APPROVAL OF MINUTES . A. Regular City Council Meeting - January 11, 1993 Stover moved, Benson seconded to approve the City Council minutes of January 11,1993. Motion passed 5/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for January 25, 1993. Lewis moved, Stover seconded to approve the Consent Agenda and to adopt the Resolutions and Motions therein: A. RESOLUTION NO. 12-93 "A Resolution Granting a Conditional Use Permit to Deposit Fill in Excess of 100 Cubic Yards for Robert Balgard." B. Motion to Approve Updates on Job Description for Various Positions Within City Government 1 . . . ".' REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 2 C. POSTPONED D. Motion to Request Sewer and Water Service from the City of Chanhassen. Applicant: Judy Budreau Location: Holly Lane E. Motion Approving Extension of Deadline for Submitting Final Plat- Spruce Hill. Applicant: Paul Kelly Location: Yellowstone Trail F. RESOLUTION NO. 13-93 "A Resolution Accepting the Construction of the Salt/Sand Site Grading and Appurtenant Items-City Project No. 91-51," including a final payment of $19,792.79 to Northwest Asphalt Inc. G. Motion Accepting Changes and RESOLUTION NO. 14-93 "A Resolution Amending Resolution No.1 0-93, A Resolution Determining the Necessity for the Issuance of General Obligation Bonds and Calling a Special Election Thereon." Motion passed 5/0. 4. 7:30 P.M. - PUBLIC HEARING - ORDINANCE ESTABLISHING CITY STORMWATER UTILITY. RATES. AND CHARGES Hurm reviewed the eight objectives of the Stormwater Utility as detailed on page 2 of the proposed Ordinance. He stated that this is a system of funding stormwater improvement and maintenance projects which heretofore have been funded from the General Budget. Rates and charges will be determined through the use of a "residential equivalent factor." The current fee to be proposed is $3.75 per quarter per residential household. Hurm clarified that the stormwater system and the sanitary sewer system are separate systems. Brancel opened the Public Hearing at 7:30 p.m. Mr. Bill Maddy, 5780 Christmas Lake Road, stated that his property is bounded on the north and west sides by the City of Excelsior. He brought the Council's attention to surplus water directed on to his property from those sides and his inability to deal with such excess water. Brancel explained Mr. Maddy's situation and indicated she would contact Excelsior to resolve this problem. Brancel closed the Public Hearing at 7:44 p.m. Hurm noted that where there is overlapping of jurisdiction, the affected cities would work together to resolve problems. 2 . . . REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 3 Lewis stated that the Ordinance will aid in completion of necessary projects. Stover stated the fee schedule established by the Ordinance will provide equal distribution of the costs for stormwater maintenance and improvement projects. Lewis moved, Stover seconded to adopt ORDINANCE NO. 268, An Ordinance Establishing City Stormwater Utility, Rates, and Charges. Motion passed 5/0. Hurm noted that this action does not set the fee for the stormwater utility, however, a fee recommendation will be brought before the Council for its consideration at its next meeting. 5. PARK A. Report on Park Commission Meeting - January 12, 1993 Hurm briefly commented on the Commission's January 12 meeting. B. Consider Adopting a Resolution of Support for the Light Rail TransiVlnterim Regional Recreation Trail Corridor Stover moved, Benson seconded to adopt RESOLUTION NO. 15-93 "A Resolution of Support for the Light Rail Transit/Interim Regional Recreation Trail Corridor.11 Motion passed 5/0. 6. PLANNING A. Report on Planning Commission Meeting - January 19, 1993 Commissioner Malam noted that the January 19 work study session was re-scheduled to February 2, 1993. He reported that at its January 5 meeting, the Commission voted unanimously to recommend approval of a conditional use permit for Freeman Park storage building/concession stand. Malam stated the South Tonka Little League is financing the project and the structure's design is consistent with that of those proposed for future construction in the park system. Malam thanked the South Tonka organization for its efforts on this project. Mr. Gary Dresel, representing the Little League, requested that two street-light type lights be installed by the City in the park to provide for security - one near the building and one near parking lot #3. Daugherty requested clarification of how the location of the building was determined. Dresel noted that the north end of the park is used for softball, that there is a possibility 3 . . . . . REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 4 of acquiring additional park land on the east side and that the building site would then be centrally located. Hurm noted that future plans call for an additional building on the north side for hockey and softball and family recreation. Malam reported that residents appearing at the public hearing conducted by the Planning Commission enthusiastically supported the addition of security lighting in the park. B. Consider a C.U.P. for Freeman Park Storage Building Daugherty moved, Stover seconded to direct the staff to prepare a findings of fact resolution granting a conditional use permit for Freeman Park Storage Building including installation of two security lights. Motion passed 5/0. 7. CONSIDER A MOTION TO ADOPT ROBERTS RULES OF ORDER Keane recommended that the Council adopt Roberts Rules of Order as the procedural governing mechanism for conducting Council meetings. He noted that the Rules are well suited for an assembly such as the Council and in his experience has not encountered instances that could not be addressed by the Rules. He pointed out that the Council may adopt procedures which would supersede Roberts Rules such as in matters of recision. Keane indicated he would provide information on areas the Council may wish to have additional limitations to supplement Roberts Rules. Daugherty moved, Lewis seconded to adopt Roberts Rules of Order. Motion passed 5/0. 8. CONSIDERATION OF A PROPOSED AMENDMENT TO THE RECYCLING CONTRACT WITH KNUTSON SERVICES INC. Hurm reported that the other cities in the recycling consortium have approved the amendment to the Knutson recycling contract regarding revenue sharing and collection fee revisions. Stover moved, Daugherty seconded to amend the recycling contract with Knutson Services Inc., as outlined. Motion passed 5/0. 9. CONSIDERATION OF AN AMENDMENT TO ORDINANCE 265 - TRANSIENT MERCHANT 4 . . . . .. REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 5 Hurm summarized the proposed changes to the Transient Merchant Ordinance, which appear in Section 1. Scope and Purpose; Exclusions; and No Fee for Canvassing- Religious, Political, Educational and Charitable Organizations, and recommended adoption of the amendment. Benson moved, Lewis seconded to adopt ORDINANCE NO. 265, Relating To The Regulation of Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales. Motion passed 5/0. 9B. CONSIDER AMENDMENT TO AN ORDINANCE RELATING TO PARKS AND RECREATION AREAS Hurm noted that this amendment is a technical correction associated with solicitation for the Parks and Recreation areas. Lewis moved, Daugherty seconded to adopt ORDINANCE NO. 266, Section 902.02 SUBD.6, Parks and Recreation Areas. Motion passed 5/0. 9C. CONSIDER FEES FOR TRANSIENT MERCHANT LICENSE Hurm recommended that the fee for a transient merchant license be set at $50 and noted that it will be an annual fee for acquiring a license for one day or more. Lewis moved, Stover seconded to adopt ORDINANCE NO. 267, An Ordinance Amending Ordinance No. 263 - Setting Fees. Motion passed 5/0. 10. A RESOLUTION REQUESTING CONVEYANCE TO SHOREWOOD OF FORFEITED LAND - 21455 State Highway 7 Nielsen stated that the City has been advised by the Hennepin County Department of Property Tax and Public Records of tax-forfeited property located in the southwest quadrant of the State Highway 7/Christmas Lake Road intersection. The staff recommends that the City acquire this site for public purposes: 1) future improvements to the Christmas Lake Road intersection and 2) wetland/drainage. Following discussion, the Council agreed that acquisition of this property is advantageous to the City. Nielsen stated that the non-conforming billboard located on the property will be removed at the termination of the lease period. 5 . . . . .. . . REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 6 Benson moved, Stover seconded to adopt RESOLUTION NO. 16-93 "Application for Conveyance of Tax-Forfeited Lands for Public Purposes." Motion passed 5/0. 11. CONSIDER A RESOLUTION TO AMEND WATERFORD PHASE III - DEVELOPMENT AGREEMENT Brancel noted that action on the request by Trivesco to amend the Schedule of Work section of the Development Agreement was tabled at the Council's January 11 meeting. Daugherty stated that from his perspective any decision he makes on this issue relates to decisions made prior to his service on the Council and that if he does not vote in favor of the extension, the City would be faced with a significant law suit. Further, he stated he is uncomfortable having to make a decision based on the outcome of a law suit and that a decision by the Council that the requested extension is not warranted would financially jeopardize the City. Lewis stated that at this point nothing can be done to change the development agreement since it has been approved previously. He expressed concern regarding extending the commercial development work schedule to 1995 and stated his preference is for extension for one year to 1994. Lewis stated that obviously if the developer does not sell the property, he will return to the Council for further extension of the Schedule of Work. He pointed out that by shortening the extension period, the Council would stay in close touch with the matter and hopefully development of the property would move ahead. Stover stated that the contract requires the City to take action to fulfill its agreement and pointed out that at the time at which the development had not proceeded as scheduled, payment of park dedication fees required under the Agreement were requested (and paid by the developer) which could be construed as an indication of acceptance of an extension. Lewis pointed out that there is no recourse to changing the existing P.U.D. in that any attempt to do so could place the City in the position of litigation resulting in purchase of the property by the City. That position being unacceptable, he concluded that extensions will be given until the TIF runs out. Stover pointed out that a developer cannot build until final plat approval for commercial development is granted by the Council thereby giving the City ultimate control in determining whether the development is consistent with the current Agreement. Stover moved, Benson seconded to adopt RESOLUTION NO. 17-93 I'A Resolution Approving Adoption of an Amendment to the Planned Unit Development Agreement for Waterford Phase III." 6 . . . . , . . . . REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 7 Motion failed 2/3. Brancel, Daugherty and Lewis voted nay. Lewis moved, Daugherty seconded to adopt RESOLUTION NO. 17-93 "A Resolution Approving Adoption of an Amendment to the Planned Unit Development Agreement for Waterford Phase III," amended by changing the Schedule of Work for the commercial development to commence during the spring of 1994 at which time the developer may re-apply for an extension. Lewis stated that the reason for this change is that at the time of reapplication, the developer could be asked to provide a report and proposed plans concerning the property. Daugherty pointed out that the developer, Trivesco, requested the Schedule of Work extension. The Trivesco partners include Robert Mason Inc., Steiner, Inc., and Highland Properties, Inc. Keane and Nielsen explained the final plat time line and approval process for the commercial development of the property. Motion passed 5/0. 12. CONSIDER A RESOLUTION APPROVING FINAL PLAT - WATERFORD 4TH ADDITION (Twin homes) Applicant: Location: David Carlson Highway 7 and Old Market Road (southeast quadrant) Nielsen noted that the final plat for Waterford 4th Addition (the twin home portion of the P.U.D.) was originally scheduled for review at this meeting. However, he stated that the developer, David Carlson, expressed an interest in having the City bond for local improvements, pursuant to the City Code. Since a development agreement cannot be completed until the method of financing has been determined, approval of the plat at this time is premature. A Petition for Local Improvement has been received from the property owners requesting that the City consider financing certain public improvements. Steps in the process include a City-conducted feasibility study to determine the cost of the project, an analysis of the cost of improvements relative to the value of the land upon completion of the improvements and a determination whether or not the City wishes to be responsible for the improvements. Nielsen reviewed a time line including staff activities and Council decisions for considering the developer's request. During discussion, the Council noted that this procedure is standard procedure for infrastructure improvements; improvements made by the City provide control over such improvements; a development agreement provides a contractual liability and security to assure payment of assessments; the worst case scenario would result in City ownership of the property; and the ultimate liability lies with the bond holders. 7 . . . . . . . · REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 8 Stover moved, Benson seconded to adopt RESOLUTION NO. 18-93 "A Resolution Declaring the Adequacy of the Petition for Improvement and Ordering the Preliminary Feasibility Report in the Matter of the Waterford 4th Addition Improvement of 1993." Motion passed 5/0. 13. MATTERS FROM THE FLOOR Mrs. Allan Johnson, 5865 Strawberry Lane, referred the Council to Allan Johnson's letter dated December 27,1992 conveying his view that the Council's handled unprofessionally the petition submitted for the removal of stop signs on Shorewood Oaks Drive. Councilmembers apologized for the perceived lack of professional consideration and handling of the petitioners' request. During discussion, the Council reiterated its position that while smooth traffic movement throughout the City is important, the safety of residents/pedestrians using City streets is of paramount concern, suggested that residents contact the Police Department in cases of violation of the law, and reaffirmed its previous action to deny removal of the stop signs on Shorewood Oaks Drive. 14. STAFF REPORTS A. City Attorney - None. B. City Engineer - None. C. Planning Director 1. Orono Styrofoam Ordinance Nielsen reviewed the issue raised by the City of Orono related to the use of non-encased molded polystyrene foam for dock flotation devices. He noted that, after review, the Planning Commission determined that this did not appear to be an issue for Shorewood and tabled further action on the matter. The Council requested additional information on the problem. Nielsen stated that according to Orono's staff, the DNR did not see a problem with the Styrofoam from a fish and wildlife habitat perspective and did not create any offensive toxins in the lakes, but that breakup of the material could be aesthetically unpleasing along the shoreline. The Lake Minnetonka Conservation District (LMCD) is, however, considering an Ordinance to prohibit use of the material and to establish a compliance date. Nielsen stated that when that Ordinance is adopted by the LMCD, it will include Shorewood since the LMCD Code of Ordinances is adopted by the City by reference. D. Finance DirectorjTreasurer - None. 8 . . . . , . . . . REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 9 E. City Administrator/Clerk 1 . Discuss Shorewood Sign Ordinance Hurm explained the need for clarification of the Ordinance regarding placement of signs in the City and reported that the formal process for clarification is underway. 15. COUNCIL REPORTS A. Mayor Brancel 1. Aeport on Meeting with Metropolitan Council Chair Dottie Aietow Brancel reviewed discussions with the Chair of Metropolitan Council regarding Shorewood's disagreement with the sanitary sewer fees assessed the City by the Metropolitan Waste Control Commission. She indicated that the Metropolitan Council is currently undertaking a review of the Waste Control Commission. Although a resolution of Shorewood's problem with the Commission may result from the review and/or negotiations facilitated by Ms. Aietow, the City will pursue continuance of its legal action against the Commission. B. Councilmembers - Benson and Lewis - None. 1. Councilmember Daugherty Aeport on LMCD Lake Access Task Force Meeting Daugherty summarized discussions at the January 13 meeting and noted that actions of the Task Force will be made by "super majority" rather than by "absolute majority." Stover requested information on the erection and removal of signs by Hennepin County throughout the City and suggested that it would be appropriate for the City to be included in authorizing such signs. Hurm reviewed the County's program for placement of signs and stated that further information will be available upon completion of a study currently being conducted by Public Works. 16. ADJOURNMENT TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS Stover moved, Lewis seconded to adjourn the City Council Meeting at 9:00 p.m., to Executive Session, subject to the approval of claims. Motion passed 5/0. 9 . . . . , ' , · , REGULAR CITY COUNCIL MINUTES JANUARY 25, 1993 - PAGE 10 The Council conducted the Administrator's 1992 annual performance review during the Executive Session. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: JA C. HURM, CITY ADMINISTRATOR 10 - '.. . . . , ~ CITY OF SHOREWOOD COUNCIL EXECUTIVE SESSION MONDAY, JANUARY 25, 1993 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD MINUTES CALL TO ORDER The Executive Session was called to order by Mayor Brancel at 9:10 pm. Present: Mayor Brancel, Councilmembers Benson, Stover, Daugherty and Lewis. Staff: City Administrator Hurm. The Council discussed the evaluation of City Administrator Hurm. The Council concluded that the 1993 Administrator's Employment Agreement will set the Administrator's salary at step five as set forth in Resolution No. 118-92. Evaluations will occur each six months. ADJOURNMENT OF EXECUTIVE SESSION Stover moved, Benson seconded to adjourn the Executive Session at 10:35 pm. Respectfully Submitted, mes C. Hurm ty Administrator