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022096 CC Reg Min . . . ,. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING TUESDA Y, FEBRUARY 20, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:45 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:49 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, and McCarty; City Engineer Brown, City Administrator Hurm, City Attorney Keane, Finance Director Rolek, and Planning Director Nielsen. Absent: Councilmember Stover. B. Review Agenda McCarty moved, Malam seconded to approve the agenda for February 20, 1996 as amended by removing Item 5.A. Setback Variance Request for Mr. Hoyt as per Mr. Hoyt's request and replacing it with a Request for a Motion for Temporary Water and Sewer for Gideon Woods. Motion passed 4/0. Mayor Bean announced that the City Council will adjourn to an Executive Session to discuss pending litigation immediately following the regular portion of the meeting. No action will be taken at this time. C. Presentation of Plaque to Don Zdrazil Mayor Bean presented a plaque from the City of Shorewood to Don Zdrazil in appreciation of his 15 years of dedicated services as the Director of Public Works. Mayor Bean expressed his deep appreciation to Mr. Zdrazil and wished him farewell and enjoyment in his next career and his personal time. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - February 12, 1996 Benson moved, McCarty seconded to approve the City Council Regular Meeting Minutes of February 12, 1996 as amended on Page 4, Paragraph 4, Line 2 replace "two" with "too" and Page 7, Paragraph 1, Line 1 replace "Mussles" with "Mussels". Motion passed 4/0. 3. MATTERS FROM THE FLOOR - None. 5 .A. Request for Temporary Water for Gideon Woods City Administrator Hurm reques.ted the City Council make a motion to authorize staff to negotiate an agreement for temporary water to be provided by the City of Tonka Bay for Gideon Woods and authorize the Mayor and City Administrator to execute said agreement. . . . REGULAR CITY COUNCIL MINUTES February 20, 1996 - PAGE 2 Malam moved, McCarty seconded to authorize staff to negotiate an agreement for temporary water to be provided by the City of Tonka Bay to Gideon Woods and authorize the Mayor and City Administrator to execute said agreement. Motion passed 4/0. 8.B. Report on Change to Ordinance No. 309 - Fees and Charges Hurm reported this ordinance was passed at the previous City Council meeting. The Ordinance included a typographical error which referenced to the Building Code of "1992". This has been corrected to state the Building Code of "1994". 4. PUBLIC HEARING 8:00 P.M. - VACATION OF DRAINAGE AND UTILITY EASEMENT IN BOULDER RIDGE Planning Director Nielsen reported the Tony Eiden Company is requesting the City vacate a portion of a drainage and utility easement on two lots in the Boulder Ridge development. These areas are protected under the Wetland Conservation Act. Normally, this request would be under the jurisdiction of the Minnehaha Watershed District and the Corps of Engineers. However, the easements in this case are in favor of the City of Shorewood. The applicant has obtained approval from the Corps of Engineers and the Watershed District. The applicant plans to mitigate the filling by creating additional wetland at a 2: 1 ratio on lot 6 which is a large lot to the west. The question has been raised regarding the City's new setback requirements from wetlands. These requirements pertain to lots created after August 28, 1995. The lots in question were lots of record prior to August of 1995 and therefore these requirements are not applicable. The applicant's intent is to create more usable rear yards and to accommodate larger decks for the respective homes. Chuck Dillerud, representing Tony Eiden Company, stated these are the last two lots on Noble Road. The depth of these lots is such that if a house of normal character of the development is built it will result in there being no back yard area. He noted the application had been approved by the Corps of Engineers and the Minnehaha Watershed District. Efforts for approval have been underway since August of 1995. In the meantime, a home has been constructed on lot 4 and has resulted in a minimal backyard. A home is under construction on lot 5 which will result in no backyard whatsoever. Tony Eiden Company is proposing to mitigate the fill on lot 6. Mr. Dillerud noted the City and residents will end up with two times the wetland they have presently. The fill will increase the usable rear yards on lots 4 and 5 to approximately 30 feet. Mayor Bean asked Mr. Dillerud to describe how much fill will be used in the backyards and the process of establishing a wetland on lot 6. Mr. Dillerud stated an amount of fill sufficient to extend the backyards 30 feet and maintain a 3:1 slope will be used. A silt fence will be reinstalled at the new starting location of the wetland. Soil scientists will determine the plant material taken out of the existing wetland and it will be replaced in the new wetland area on lot 6. The new wetland will not re-establish immediately. It will take approximately two years for it to re-establish. Mayor Bean opened the public hearing at 8:10 p.m. Mark Schuester, 26450 Noble Road, stated he was the neighbor to lot 5. He noted a wetland alteration permit had previously been granted by the Minnehaha Watershed District to enable the current house to be built on the lot. The lot had been unbuildable and after much arguing from neighbors the request had been granted. He stated the wetlands are a dear resource for the City of Shorewood and need to be maintained. He felt adding more backyard to a lot was a frivolous reason to remove wetlands. He asked what criteria was used to allow a variance which went against the rules of the County, State and Watershed District. He stated he felt the City should . . . REGULAR CITY COUNCIL MINUTES February 20, 1996 - PAGE 3 uphold the guardianship of the lot and not mitigate wetlands to allow the developer to enhance the value of the lots. Greg Larson, 25535 Orchard Circle, stated he has been following the issues before the Planning Commission and City Council for the past couple months and has been told constantly that the City Wetland Ordinance is in place to remove the worry of losing the wetlands. He stated he felt the character of the City is being changed bit by bit, piece by piece, as developers come in and ask for a little more and a little more. He asked the City Council to consider the precedence this vacation would set. Judy England, 25555 Orchard Circle, stated she had talked with the Corps of Engineers in an attempt to understand how the City can override the requirements of the Wetland Conservation Act. She was informed applications were approved if it was proven that the applicant had tried to avoid or minimize filling of wetlands and will mitigate by creating additional wetlands. The Corps of Engineers also indicated wetlands can not be fIlled for aesthetic purposes. She asked why this issue was not resolved before the home was constructed. Ms. England indicated she has worked with the Hennepin Parks wildlife section for 20 years. She noted a wetland could not be created in 2 years. It could take from 200 to 2000 years. A hole in the ground may be filled with water but it will not be a wetland. Nielsen asked what proof had been submitted to the Corps of Engineers and the Minnehaha Watershed District. He noted that both agencies had approved the request but the City did not have any documentation of the discussions. He noted City approval has been granted to build the house on this lot but not in the wetland area. If the vacation is not granted, the builder has agreed to build a small deck and porch on lot 5 and install a retaining wall. Mr. Dillerud stated a presentation was made to the Minnehaha Creek Watershed District to determine if the applicant has tried to avoid, minimize and then mitigate. The Minnehaha Creek Watershed District made the decision as the Local Governing Agency for the Wetland Conservation Act. He explained the criteria can be somewhat subjective. The avoidance standard can vary depending on the site in question. An argument can be made that it is not reasonable for a home to be devoid of a backyard entirely. He stated he felt more compromise needed to be involved. The mitigation plan of the proposal meets the required standards. Mr. Dillerud stated he was not involved in the earlier mitigation required for the extension of Noble Road. He did not know if it included mitigation on this lot. Mayor Bean asked the location of the buildable area on lot 6. Nielsen explained the buildable area was on the westerly 1/3 of the lot. As part of the preliminary plat, the applicant requested to fill a portion of the wetland on this lot to create a driveway. A few months ago, the City approved a land swap between lot 6 and the lot to the west which will allow the development of a shared driveway. This will eliminate the need of fill for the driveway. Mayor Bean stated he would like to see a copy of the documents of discussion of the Corps of Engineers and Minnehaha Watershed District before he made a determination. He questioned the timetable of the project. Mr. Dillerud stated he assumed the project would be done in the spring as it would be virtually impossible to obtain the needed materials this time of year. Councilmember McCarty questioned why someone would buy a house knowing it did not have a backyard and then expect to have a big backyard. She stated she would like to see the history and agencies comments in respect to this approval. . . . REGULAR CITY COUNCIL MINUTES February 20, 1996 - PAGE 4 Councilmember Malam stated he agreed with Councilmember McCarty. Even though this was not a variance request, he noted the owner had created the problem and the request was being made to achieve a better economic outcome. Tony Eiden Company knew these were the last two lots and should have done something in regard to design to accommodate this. He stated in the year he had been on the City Council, he had never seen the Council authorize fill of one piece of wetland. He encouraged Mr. Larson to stay involved and stated he was glad to see him in attendance this evening. He asked Ms. England how the quality of a new wetland would compare to the quality of an existing wetland. Ms. England stated she was not an expert in this area. She stated she felt that a correct balance of micro-fungi, insect and snakes could not be recreated. She noted in the scheme of the universe it was probably not a big deal but it was the principle that concerned her. Councilmember Malam stated he liked the fact that the City of Shorewood has taken the position of greater stewardship with the wetlands than the Local Governing Agency, Corps of Engineers or the Federal Government. The Comprehensive Plan included a conscious effort for more protection of the wetland. Irrespective of what the Watershed District or Corps of Engineers had determined, the City does not have to agree. The Watershed District and Corps of Engineers' decision is only subject to the criteria they use. There was City Council consensus to review the discussion of the Minnehaha Watershed District and Corps of Engineers involved in the approval of the proposal before making a determination. Mr. Schuester indicated his confusion with information he had received in discussion with the Watershed District. He stated this wetland was a well established wetland. Kate Lynch Bix, 25545 Orchard Circle, stated she has lived in Shorewood for three years and is new to the whole issue. She stated her home has no backyard and drops significantly into a marshland. She adores it. She stated she felt someone may buy the house who would like to retain the wetland rather than have it filled. She noted the house to the east of this property has a lot of vegetation and wildlife. She felt the proposed changes may carry over into that lot. She invited Councilmembers to stroll down the street and enjoy the beauty of the area. McCarty moved, Benson seconded to continue the public hearing for a request to vacate portions of drainage and utility easements for Tony Eiden Company, 26550 and 26600 Noble Road until March 11, 1996 and direct staff to obtain documentation of discussions of this issue from the Corps of Engineers and Minnehaha Watershed District. Motion passed 3 ayes / 1 nay (Councilmember Malam voted nay). 5. PLANNING - Report by Representative Commissioner Pisula reviewed the actions taken and recommendations made by the Commission at its February 20 meeting (detailed in the minutes of that meeting). 6. CONSIDERATION OF A MOTION TO AUTHORIZE EXECUTION OF FINALIZED SENIOR I COMMUNITY CENTER AGREEMENTS & AMENDMENT Hurm reported the Cities of Deephaven, Greenwood and Excelsior had now approved the Senior Community Center Agreements and Amendment. Deephaven has approved the Center Rules and Regulations. This item is on the agenda of the City of Tonka Bay next week. Staff is recommending City Council approval of all three documents. ~ REGULAR CITY COUNCIL MINUTES February 20, 1996 - PAGE 5 . Malam moved, McCarty seconded to approve the Senior 1 Community Center Agreements and Amendment. Motion passed 4/0. 7. CONSIDERATION OF A MOTION TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT FOR ARCHITECTURAL SERVICES WITH TSP 1 EOS FOR THE SENIOR 1 COMMUNITY CENTER City Engineer Brown noted that TSPIEOS has been working with a letter of understanding until all parts of the agreement were accepted by all cities involved. The funds which have been previously authorized by the City Council are quickly being used up. In order to keep the project moving forward, this agreement needs to be approved. Hurm noted the agreement is for $43,575.00 and is a "not to exceed" figure. Benson moved, Malam seconded to authorize the Mayor and City Administrator to execute an agreement for architectural services with TSPIEOS for the Senior 1 Community Center. Motion passed 4/0. 8. ADMINISTRATOR AND STAFF REPORTS . A. Report on Sewer Rates 1 Cost Allocation Task Force Recommendations Hurm reported the Metropolitan Council had appointed a special Task Force to review issues relative to sewer rates. The Task Force had appointed a special Advisory Committee of which he had been a member. He noted some of the issues which were addressed included the sewer service rate cost allocation system, the service availability charge, industrial strength, the use of alternative resolution dispute, inflow and inf1ltration, and a clear water credit. Hurm explained the conclusions and recommendations that have been made to the Metropolitan Council. Mayor Bean commended City Administrator Hurm for his efforts on the Committee. Brown noted that due to the recent ice storm, there would be a considerable amount of requests for disposal of tree branches during this year's upcoming spring clean-up. He noted one option would be to rent a chipper and have the Public Works employees grind the branches but this would present a liability issue. He suggested it would be more feasible to allow residents to drop the branches off at the Public Works Department. A tree service could then come in and bring their chipper to grind the branches up or haul them away. The approximate cost would be $1,500.00 to $2,000.00. Councilmember Benson suggested the City could make the woods chips available to residents to use for ground cover. Brown noted this has been done in the past but it requires staff be present at the Public Works facility at all times due to the increase in traffic. The City does not use the wood chips due to problems they have experienced in the past. Branches have been collected curb side as part of the spring clean-up in previous years. Brown suggested this could be continued but residents with larger amounts could bring them to the Public Works Department and staff would be available to assist them with unloading. Hurm noted generally the costs associated with the removal of spring clean-up items are subtracted from the revenue and costs are added to the next quarter utility bill. He noted the cost has remained stable at $7.00 per household. This may increase this year due to the increased tree branch . . . . REGULAR CITY COUNCIL MINUTES February 20, 1996 . PAGE 6 disposal. He noted there is a cap of $10.00 per household and additional costs could be obtained from the general fund. Brown reported he had met yesterday with the contractor who installed the dry hydrants, Mr. Grewe, the Mound Fire Chief, and OSM Engineers. The problem with the dry hydrants is now believed to be with the rock at the end of the pipes. Correction will require the addition of 1 to 1- 1/2 loads of rock and relocation of the weed map. The original contractor who installed the dry hydrants has stated it would be easier to perform the repairs in the winter. It will also be necessary to run a low volume pump for two days non-stop to backflush the pipes. It may be necessary to perform the backflushing of the pipes with a low volume pump as an ongoing maintenance item. Councilmember Benson suggested hiring a new contractor. Mayor Bean agreed. Brown stated he had discussed the liability issue of the contractor being on the ice with the City Attorney and he felt a "hold harmless agreement" would protect the City from any liability. City Attorney Keane confirmed this. Nielsen distributed a summary of recommended updates to the Comprehensive Plan which had previously been distributed to the Planning Commission. He requested Councilmembers prioritize the various tasks that were left to be done to implement the Comprehensive Plan. Staff will collect the lists and tabulate the results. A joint session will then be held with the Planning Commission and City Council to discuss the results. 12. MA YOR AND CITY COUNCIL REPORTS Mayor Bean presented a plaque to Councilmember Malam from the City of Shorewood in appreciation of his dedication while serving on the Planning Commission and City Council. Mayor Bean stated he was sorry to see him go and wished him good luck on his next endeavor. Councilmember Benson noted Councilmember Malam had made the last year an enjoyable one for him and he noted Councilmember Stover would say the same if she were here. He stated he would miss Councilmember Malam a great deal. Councilmember McCarty noted Councilmember Malam had a great philosophy and great insight of what the City of Shorewood will be like in the future. She stated she will miss him as he was a lot of fun and she wished him a lot of luck. Councilmember Malam stated he loved this part of the City. He stated he had said his goodbyes to the Planning Commission but had not had a chance to say goodbye to the Park Commission. He noted the residents had no idea how lucky they were to have people this dedicated on the Park and Planning Commissions and noted the tremendous amount of time and effort they put forth. Councilmember Malam noted City Engineer Brown is new with the City and he must be good because his previous boss is still upset that he left. He commended Brown for stepping in and hitting the ground running. He stated the City will be better off because of it. Councilmember Malam stated he was grateful for all the great work done by Finance Director Rolek. He encouraged him to keep winning all those awards. Councilmember Malam stated he had learned more from Planning Director Nielsen about the government in terms of planning and the whole system than anyone else in the City. He considered him a good friend and mentor. Councilmember Malam encouraged Recording Secretary Lorri Kopischke to speak up more. . r REGULAR CITY COUNCIL MINUTES February 20, 1996 - PAGE 7 . Councilmember Malam thanked City Attorney Keane for his efforts noting he provides a shield for the City. Councilmember Malam stated he had never met anyone more professional than City Administrator Hurm. He noted the City of Shorewood is extremely fortunate to have Jim Hurm as their Administrator. He commended his dedication, professionalism and commitment to the City. Councilmember Malam stated he was proud to have been associated with this group and felt they had accomplished more in the last year than has been accomplished for many years. Councilmember Malam stated Councilmember Benson had taken him under his wing fIve or six years ago. He thanked Councilmember Benson for all he had done for him. Councilmember Malam stated he knew Councilmember McCarty would never let him forget those 300 votes. He encouraged her to keep hugging those trees and to keep looking out for kids and parks. He noted they both shared the same mission and philosophy for the City of Shorewood. He encouraged the City Council to keep the Senior / Community Center going. He noted the water issue has been hotly debated but stated it is the right thing to do and encouraged Councilmembers to keep the project moving forward. He encouraged Councilmembers to work toward affordable housing in the City. He stated he did not believe snowmobiles had a place in the City of Shorewood. . Councilmember Malam publicly gave his endorsement to Planning Commissioner Jim Pisula to fill the vacant chair on the Council after tonight. He cited his logic, compassion and tremendous analytical skills. Councilmember Malam told Mayor Bean he had to run for offIce again. He stated the residents of Shorewood have no idea how much effort this man has put in this past year. He stated Mayor Bean's leadership has been phenomenal. He has done the job well from day one and has only gotten better. He thanked everyone very much. 13. ADJOURNMENT TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS Benson moved, Malam seconded to adjourn the City Council meeting at 9:42 p.m. to Executive Session, subject to approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial ATTEST: . JA / /)\ ()~ ~-j~L.0\ 1~~~U~ih-, ROBERT B. BEAN, MAYOR