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012797 CC Reg Min . . . ? CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, JANUARY 27, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:30 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers McCarty, O'Neill and Garfunkel; City Administrator Jim Hurm; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown. Absent: Councilmember Stover. B. Review Agenda The agenda was accepted as presented for January 27, 1997. C. PRESENTATION OF PLAQUES Mayor Dahlberg presented a plaque to Roxanne Martin for her three years of service on the Park Commission. Kirk Rosenberger was presented with a plaque in recognition of his six years of service on the Planning Commission. Councilmember McCarty expressed her appreciation to Ms. Martin and Mr. Rosenberger for their dedication and contribution to the City. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes. January 13, 1997 The City Council Executive Session Minutes for January 13, 1997, were approved as submitted. B . City Council Regular Meeting Minutes . January 13, 1997 The City Council Regular Meeting Minutes for January 13, 1997, were approved as amended on Page 3, Paragraph 4, Sentence 4, change "inquiry" to "inquire"; Paragraph 5, Sentence 2, capitalize "Preservation Team"; Paragraph 5, Sentence 5, change to read "relative to those matters of litigation." 3. CONSENT AGENDA Mayor Dahlberg read the Consent Agenda for January 27, 1997. McCarty moved, Garfunkel seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. A Motion to Approve an Independent Contractor's Agreement with Rebecca Tarvin for Rink Supervisory Services B. A Motion to Approve the Permanent Appointment of Pamela Turnquist as Receptionist/Secretary . . . " REGULAR CITY COUNCIL MEETING MINUTES JANUARY 27, 1997 - PAGE 2 C. A Motion to Approve a Sign Permit for the Waterford Shopping Center Applicant: Location: DeMars Signs (on behalf of H&R Block) 19905 State Highway 7 D. A Motion Adopting RESOLUTION NO. 97-06, "A Resolution Terminating the West Hennepin Human Services Planning Board (Suburban Alliance)" Motion passed 4/0. 4. MATTERS FROM THE FLOOR Ingrid Schaff, 25605 Smithtown Road, stated as of this date 24 people have died this season as the result of snowmobile related accidents. The deaths include a 15-year-old girl and a lO-year-old boy. She pointed out the Snowmobile Task Force recommendations have been only partially implemented. Ms. Schaff felt the City should lobby the state to require operators to be licensed or possess a valid Minnesota driver's license and require a snowmobile test as well as passage of a rider training program. She also felt the City should lobby the state to license the machines in a way which is visible, to increase license and registration fees, as well as requiring all snowmobilers to carry liability insurance. Ms. Schaff suggested lobbying to limit who may operate a snowmobile in addition to where they may be operated. She suggested all DUI violations be transferred to individual DMV records. Ms. Schaff also pointed out there was not adequate police enforcement over the past weekend. Ms. Schaff asked Mayor Dahlberg: Do you still see snowmobiles as not being a safety issue? She asked Councilmember O'Neill: Do you still need yet another survey when you know trailers get people to their locations? Ms. Schaff remarked to Councilmember Garfunkel: Perhaps it is time for you to take a leadership role in this situation. Ms. Schaff commented that Councilmembers McCarty and Stover have strongly supported no motorized use on the trail which she felt was due to obvious safety concerns. She urged the Council to be responsible and take action now. Kirk Rosenberger, commented he is disheartened that he has not received a response relative to the questions he asked at the previous Council meeting. He distributed a copy of his comments to the Councilmembers. Mr. Rosenberger stated this is not a political issue, however, he is looking for information. Councilmember O'Neill provided Mr. Rosenberger with his written response and Mayor Dahlberg stated he is preparing a response to Mr. Rosenberger's concerns which he felt should be addressed in some detail. 5. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS Garfunkel moved, McCarty seconded adopting RESOLUTION NO. 97 -07, "A Resolution making position appointments to the Planning Commission and providing backup for the Police Coordinating Committee" Motion passed 4/0. REGULAR CITY COUNCIL MEETING MINUTES JANUARY 27, 1997 - PAGE 3 . 6. PLANNING - Report by Representative Commissioner Turgeon reported on the matters considered and actions taken at the January 21, 1997, meeting of the Planning Commission (as detailed in the minutes of that meeting). A. A Motion Regarding Amendment to the Waterford PUD Development Agreement to Allow On-Site Alcohol Beverage Applicant: Location: Vladimir Velikson 19905 State Highway Shopping Center) 7 (Waterford Mayor Dahlberg inquired whether any study analysis or site location research was completed at the time of the mall development to suggest the types of businesses that would be successful in this location. Planning Director Nielsen noted the City had not required a market study although the developer may have undertaken this. Mark Moore, Griffin Company, the leasing and managing agent, noted there has been some tenant turnover, however, he felt a restaurant would be an attractive draw to the development. Mayor Dahlberg asked why the covenant was developed prohibiting the sale of liquor. Nielsen explained the original Waterford PUD included a prohibition of liquor. The concern at the time was relative to a sports bar type establishment which would draw a large clientele from locations other than Shorewood. The family restaurant provision was to preclude fast food restaurants as well as a sports bar type establishment. The covenants specifically preclude an applicant or . property owner from being eligible to apply for a liquor license. Councilmember O'Neill expressed concern that the covenant specifically prohibits application being made for a liquor license. Mayor Dahlberg noted his understanding Mr. Velikson would not be in favor of a beer and wine license. Nielsen pointed out this had been addressed at the Planning Commission level and Mr. Velikson had expressed interest only in a liquor license with which he could serve all types of liquor. Mayor Dahlberg questioned the use of amplified sound and whether Mr. Velikson would be considering a dance floor. Nielsen noted there will be amplified sound, however, there is a limit on the decibels which can be heard within 50 feet of the establishment. He further noted he is not aware of any plans for a dance floor. In addition, Mr. Velikson was in attendance and stated he does not have plans for a dance floor at this time. Mayor Dahlberg inquired whether any market research had been completed which would suggest this could be a very successful business model. In addition, he questioned why Mr. Velikson did not propose a family restaurant without liquor since this is what had been designated for this particular site. Mr. Velikson felt the restaurant would be more successful with liquor sales. Mayor Dahlberg felt if liquor sales were to make the business more successful, the primary marketing motivation would be to promote the liquor sales. Councilmember McCarty pointed out any advertising of liquor would be prohibited Councilmember O'Neill questioned the capacity of the restaurant. Mr. Velikson estimated approximately 150 people. . . . . ~. REGULAR CITY COUNCIL MEETING MINUTES JANUARY 27, 1997 - PAGE 4 Councilmember O'Neill inquired as to the hours of the restaurant. Mr. Velikson stated he would be flexible with weekday hours, but would prefer the hours on the weekend comply with state restrictions. Mr. Velikson stated on weekends he would like to serve food and liquor until 1:00 a.m. Planning Commissioner Turgeon pointed out there had not been discussion of a closing hour after 11 :00 p.m. Mr. Moore stated his understanding that neither food nor liquor could be served after 11:00 p.m. Councilmember O'Neill noted in addition to this, no new customers would be allowed to enter the restaurant after 11 :00 p.m. Mayor Dahlberg thanked City Staff and the Planning Commission for the notice which was sent to the area residents with respect to this request. He expressed concern with introducing on-sale liquor to a store front which has financial difficulties for purposes of strengthening the economy. Councilmember O'Neill asked if the request were approved and a public outcry resulted, could a liquor license be denied. Attorney Dean stated the Council has significant latitude in issuing liquor licenses. Mayor Dahlberg asked for any public comment regarding this matter at 8:-t4 p.m. There were no public comments. Mayor Dahlberg pointed out letters on both sides of the issue had been received by the Council. He asked if the applicant would be willing to invest additional time and money to prove to the Council by way of analysis or site location research the residents in the area are in favor of this request and that the business would be successful. Mr. Velikson stated he has a European deli shop in St. Louis Park and the concept has been successful. Mayor Dahlberg remarked he would not support this request until he is more comfortable there is support for this project in the area. He stated he would be looking for a random sampling in the area which demonstrates clear support for the concept in the proposed location. Mayor Dahlberg expressed concern if the business were not successful, the City would be under pressure to adjust the covenants. Councilmember Garfunkel did not feel it was the responsibility of the Council to ensure the success of the business. He pointed out Mr. Velikson is taking the financial risk. Mr. Velikson stated he would not hold the City of Shorewood responsible if the business should fail. Councilmember McCarty did not feel it to be the responsibility of the City to assist Mr. Velikson with his business. Mayor Dahlberg inquired as to the city services the shopping center is utilizing. Nielsen noted the center is on city water and sewer. Mayor Dahlberg further inquired if the tax base in the mall were to disintegrate if this would be a serious deficit to the City. Nielsen explained this is a tax increment financed district and at this time the taxes are repaying the TIP. Administrator Hurm explained the private developer receives the increments and this would not affect the City until the year 2000. Councilmember O'Neill stated he likes the plan, but has difficulty with amending the covenant without visible support from the community. Councilmember McCarty commented she would not be in favor of market research being conducted. She felt the applicant had accomplished this by reviewing and deciding upon this location. Mayor Dahlberg felt a family restaurant without liquor should be attempted first. Mr. Moore pointed out notices were sent to residents within 1,000 feet of the proposed site and he did not feel another survey would result in any additional responses. Mayor Dahlberg did not consider it inappropriate to request Mr. Velikson complete some market research. In the absence of that information, he would rely on the agreement which is currently in place. REGULAR CITY COUNCIL MEETING MINUTES JANUARY 27, 1997 - PAGE 5 . Councilmember O'Neill spoke with several people and a councilmember at the time the covenant was established and noted the main consideration in prohibiting liquor was to avoid a sports bar type situation. Councilmember McCarty pointed out a notice had been sent out to the area residents and public hearings have been held for the purpose of obtaining public input. Councilmember O'Neill asked to see the notice which had been sent to the residents. O'Neill moved, Garfunkel second adjourning the meeting at 8:30 p.m. Motion passed 4/0. Mayor Dahlberg reconvened the meeting at 8:34 p.m. Mayor Dahlberg asked Mr. Moore if the Griffin Company would be interested in completing the suggested research. Mr. Moore remarked that the Griffin Company is not the owner of the business or the lessee of the property. He stated the company would not be justified in expending funds for a market study. Councilmember Garfunkel questioned whether future tenants would also be required to complete the same market research to ensure the success of their businesses. O'Neill moved, McCarty seconded tabling this matter to the February 10, 1997 meeting of the City Council. Motion passed 4/0. Mr. Moore offered to meet with Mayor Dahlberg and Planning Director Nielsen to discuss this matter. B. A Motion Directing Staff to Prepare Findings of Fact Regarding a Conditional Use Permit . Applicant: Location: Mitch Jones 24245 Wood Drive Mrs. Jones appeared and Mayor Dahlberg asked if any concerns had been raised by surrounding neighbors. Mrs. Jones noted she was not aware of any concerns. Councilmember O'Neill inquired if the items stored under the large tree had been moved. Mrs. Jones explained the existing garage floor is in poor shape and at the time the garage is completed, the items being stored under the oak tree will be removed as soon as possible. In addition, Mrs. Jones assured the Council the large oak tree in the front yard will not be affected. McCarty moved, O'Neill seconded directing Staff to prepare Findings of Fact regarding a Conditional Use Permit for Mitch Jones, 24245 Wood Drive. Motion passed 4/0. 7. LMCD REPORT - Report by Bob Rascop Discussion of a Resolution Regarding Vending of Food or Merchandise from Watercraft on Lake Minnetonka Mr. Rascop appeared and introduced himself to the CounciL He noted a public hearing had been held relative to vending of food or merchandise from watercraft on Lake Minnetonka. Due to the responses from other cities as well as input received at the public hearing, the LMCD has decided not the change the current code which prohibits this activity. Mr. Rascop briefly described the LMCD and its purpose. He invited the Council to the LMCD's Annual "Save the Lake" at Lord Fletcher's to meet with elected officials of the surrounding communities. . REGULAR CITY COUNCIL MEETING MINUTES JANUARY 27, 1997 . PAGE 6 . 8. ADMINISTRA TOR & STAFF REPORTS A. Planner's Report on Water Resources Management Policy Plan Planning Director Nielsen explained the Metropolitan Council requires the City to review the policy relative to water resources management. He further explained he will be receiving an updated Planning Handbook from the Metropolitan Council for the Council's review. B . Review of Timeline and Budget Requirements for 1997 Council Priorities Administrator Hurm requested the Council review the priority list and make any necessary changes. He noted there was discussion at the Planning Commission meeting relative to burying utility lines. The suggestion was to expand this objective to developing criteria for what can be placed above ground as well as limitations in that regard. Councilmember O'Neill questioned relative to the storm management plan whether $100,000 had been budgeted for this project. City Engineer Brown noted the City has begun consulting with various aerial photography companies in an effort to obtain specific bids. He explained the actual estimate at this time is $108,000. Brown stated it will take time to research this matter in terms of possible cost cutting alternatives. Councilmember O'Neill suggested participating with a neighboring community relative to this matter. The consensus of the Council was to direct staff to pursue timelines which could be subject to change. . C. D. Review of 1996 Budget Objectives Review and Consensus on Work Session Dates Engineer Brown addressed a letter which was received from Greg Larson, president of the Eureka Road Homeowners Association. Concerns were raised relative to potential construction traffic from the Watten Ponds subdivision parking along Eureka Road and Orchard Circle. Mr. Larson requested the City take immediate action in posting these areas "No parking." He requested the parking ban on weekdays extend from 7:00 a.m. to 6:00 p.m. which would reduce inconvenience to residents. As a result, the South Lake Minnetonka Public Safety Department has been made aware of the situation. The residents with garages fronting on Eureka Road or in close proximity will be given an opportunity to voice any concerns they may have. Public input will be brought back to the Council at their next meeting. 9. MAYOR & CITY COUNCIL REPORTS . Mayor's Report on January 22, 1997 Coordinating Committee Meeting Mayor Dahlberg reported on a meeting of the Coordinating Committee which was held on January 22, 1997. The committee voted to accept Chief Young's recommendation to hire Officer Terry Staaf as the new police officer. Officer Staff replaced Officer Jeff Keller who became the Shorewood Officer. Mayor Dahlberg noted the Coordinating Committee will be considering extension of the Joint Powers Agreement. Mayor Dahlberg noted a letter was received from the Deephaven Police Department extending appreciation to Officer Dan Rausch for a class on chemical weapons which he presented. In addition, the Orono Police Department also commented on the excellence of Office Rausch's performance in responding to assist on a burglary. A letter was also received from Mrs. Paulson commending the City on the quality of the street plowing which has been done. ." REGULAR CITY COUNCIL MEETING MINUTES JANUARY 27, 1997 - PAGE 7 . Councilmember O'Neill commented it was discussed at the Planning Commission meeting that various staff will be visiting the Watten Ponds construction site and reporting back to a staff person who will coordinate the reports. Councilmember McCarty commended Officer Rausch for his work in the Counteract Program at the Minnewashta School. 10. ADJOURNMENT Garfunkel moved, McCarty seconded to adjourn the meeting at 9:31 p.m. subject to the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial . (~ f IJ.M\Q~ L/ IVvvl1 J ES C. HURM, CITY ADMINISTRATOR ATTEST: .