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041497 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, APRIL 14, 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 8:07 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown. B. Review Agenda O'Neill moved, Stover seconded adding the City of Shorewood Stormwater Management Position to the Agenda as Item 7 A. Motion passed 5/0. O'Neill moved, McCarty seconded adding the consideration of a Resolution Supporting the Continued Operation of the United States Postal Service within the Downtown Area of the City of Excelsior to the Agenda as Item 7B. Motion passed 5/0. The agenda was accepted as amended for April 14, 1997. 2. APPROVAL OF MINUTES A . City Council Regular Meeting Minutes - March 24, 1997 O'Neill moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for March 24, 1997, as amended on Page 2, Item 4, Sentence 1, change to read, "Executive Director Jim Daniels"; delete "Advisory Board"; change "Enge" to "Minge." Motion passed 5/0. B. City Council Special Meeting Minutes - March 31, 1997 Special Meeting 3, Paragraph 3, ( Councilmember Stover moved, O'Neill seconded approving the City Council Minutes for March 31, 1997, as amended on Page 2, Item Sentence 2, change "severe" to "sever." Motion passed 4/0. McCarty abstained.) C. City Council Executive Session Minutes - March 31, 1997 Garfunkel moved, O'Neill seconded approving the City Council Executive Session Minutes for March 31, 1997, as submitted. Motion passed 4/0. (Councilmember McCarty abstained.) 3. CONSENT AGENDA Mayor Dahlberg read the Consent Agenda for April 14, 1997. Councilmember O'Neill requested Items D and F be removed from the Consent Agenda for discussion. Hearing no objections, that request was approved. REGULAR CITY COUNCIL MINUTES APRIL 14, 1997 - PAGE 2 . McCarty moved, Stover seconded to approve Items A, B, C and E on the Consent Agenda as amended and to adopt the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 97-24, "A Resolution Amending the Joint and Cooperative Agreement - Lake Minnetonka Communications Commission" B. A Motion Adopting RESOLUTION NO. 97-25, "A Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet for Mary Reutiman, 5965 Eureka Road" C . A Motion to Approve a Commercial Sign Permit for Leroy Signs 0 n behalf of Driskill's New Market, 23740 State Highway 7 (Shorewood Shopping Center) E. A Motion Establishing the Second Regular Council Meeting in May as May 27. Motion passed 5/0. . A Motion Authorizing the Mayor and City Administrator to Enter into a Contract with McCombs, Frank Roos & Associates to Perform Engineering Consulting Work Regarding Stormwater Management Near the Ron Johnson Property and Authorizing the Expenditure of Funds up to $3,500" O'Neill moved, McCarty seconded to table consideration of the motion authorizing the Mayor and City Administrator to Enter into a Contract with McCombs, Frank Roos & Associates to perform engineering consulting work regarding stormwater management near the Ron Johnson property and authorizing the expenditure of funds up to $3,500 until the next regular City Council meeting after executive session discussion of this matter. Motion passed 4/0. (Mayor Dahlberg abstained.) . 3. D. F. A Motion to Approve an Agreement with Lake Restoration, Inc., for the 1997 Inspection of Eurasian Water Milfoil -Christmas Lake Councilmember O'Neill asked for clarification whether this agreement involves inspection or treatment of the lake. Administrator Hurm explained this would be for inspection only. He further explained milfoil had been found on two other occasions in small quantities and the City did not pay for that. Brown stated there is an amount the DNR pays. At that point there is a cost sharing and beyond that it is borne by the lake association. O'Neill moved, Stover seconded approving an Agreement with Lake Restoration, Inc., for the 1997 Inspection of Eurasian Water Milfoil - Christmas Lake. Motion passed 5/0. . REGULAR CITY COUNCIL MINUTES APRIL 14, 1997 - PAGE 3 4. MATTERS FROM THE FLOOR . 'Bev Ginther, 5790 Brentridge Drive, a teacher at Minnetonka High School, explained in February . a number of teachers, administrators and school board members began meeting and drafted a vision and a mission relative to strategic planning for the future. She invited Mayor Dahlberg and all Councilmembers and citizens to attend round table discussions regarding these matters. Ms. Ginther left posters to be displayed in the city offices. The meetings will last approximately two hours and will be held on Wednesday, April 30 from 7:00 to 9:00 p.m., Saturday, May 3 from 9:00 to 11:00 a.m., and Tuesday, May 6 from 7:00 to 9:00 p.m. 5 . PARKS - Report by Representative This agenda item was considered after Item 6. Park Commissioner Dan Puzak reported on the matters considered and actions taken by the Park Commission at the meetings held on March 25,1997 and April 8, 1997 (as detailed in the minutes of those meetings). A suggestion was made at the April 8, 1997 Park Commission meeting, that all Councilmembers, Park Commissioners, Planning Commissioners, as well as all interested citizens and/or groups schedule a meeting to brainstorm ideas for a City Festival. A . Report on March 25, 1997 Park Commission Meeting B . A Motion to Adopt a Resolution Accepting the Proposals for a Concession Trailer in Freeman Park and A warding the Contract . Commissioner Puzak explained the intent is that any profits derived from this concession would go to the Park Foundation for purposes related to the construction of a concession building at some future date. These funds would always be working toward the benefit of park improvements. Councilmember O'Neill wants the profits to be earmarked for the concession stand. McCarty moved, Stover seconded adopting RESOLUTION NO. 97-27, "A Resolution Accepting the Proposals for a Concession Trailer in Freeman Park and A warding the Contract." Motion passed 5/0. C . A Motion to Adopt a Resolution Approving the 1997 Parks Capital Improvement Budget Administrator Hurm noted the Council would not be adopting the five year Capital Improvement Budget, but rather just the first year to allow the projects to begin. Councilmember Stover inquired whether there had been any discussions with the citizens or sports organizations relative to the lights which are included in the plan. Councilmember McCarty noted the Park Commission had contacted the surrounding property owners and there had been no objections to the installation of the lights. Hurm noted these are shoebox type lights which direct the light downward. Stover moved, O'Neill seconded adopting RESOLUTION NO. 97-28, "A Resolution Approving the 1997 Parks Capital Improvement Budget." Motion passed 5/0. . . . . REGULAR CITY COUNCIL MINUTES APRIL 14, 1997 - PAGE 4 D. Request for Clarification of Council's Expectations of Park Commission's Role with Regard to Snowmobile Issues Puzak requested the Council consider the following questions: 1) Should the Park Commission make general observations and recommendations regrading implementation of the plan? 2) Should the Park Commission analyze the data from 1996/1997 and make comments? 3) Should the Park Commission determine further actions which could be taken to possibly improve the program? 4) Should the Park Commission make specific recommendations relative to the Timber Lane access and the LRT side trail? 5) Should the Park Commission take public input on their discussions or should this be deferred to the Council? Mayor Dahlberg commented the Council will need to consider the report of the Snowmobile Task Force as well as statistics which will be forthcoming. The Council will then need to decide whether to make a decision or request input from the Park Commission. Councilmember McCarty stated she felt the snowmobile issues should first be considered by the Park Commission. Councilmember Garfunkel noted the 1996/1997 statistics have not yet been obtained and they will need to be analyzed. He stated there may be some recommendations as a result of that study. Councilmember O'Neill felt he could answer yes to Questions 1 through 4 and the Council should make a decision relative to any public hearing which would be considered. Councilmember McCarty would like input from the Park Commission on Questions 1 through 4 before making a decision relative to a public hearing. Park Commissioner Puzak was comfortable with this. He felt it would be confusing to use the Park Commission for a large public hearing. He felt there was some confusion since a report was completed last year which he felt was perceived to be final and this year it seems there is once again a full review of this issue. Councilmember O'Neill felt at this point the Park Commission should be analyzing the results of the first year with the plan being 80 to 90 percent in effect. Councilmember McCarty noted the specific issues of the Timber Lane access and the side trail had not been included in the implementation by the Council. Councilmember Stover remarked she did not feel there was any suggestion being made that the Park Commission become a new Snowmobile Task Force and repeat the efforts which were undertaken in the previous year. She was in agreement with the other councilmembers and felt the Park Commission should review the results of the 1996/1997 season and make comments and recommendations to the Council regarding their findings. Councilmember Stover was in agreement with Councilmembers O'Neill and McCarty that the public hearing should be handled by the Council along with the Council taking the responsibility to eventually make a final decision. She did not feel that would preclude information which is obtained by the Park Commissioners from the public as long as it is not obtained by way of a public hearing. REGULAR CITY COUNCIL MINUTES APRIL 14, 1997 - PAGE 5 . Puzak felt this guidance had been helpful and requested Councilmember McCarty and Administrator Hurm relay this information stating this would be appropriate since he is one sided on this issue and would not want there to be a perception he had skewed this information. Councilmember McCarty commended Puzak on his ability to not work in that manner. Administrator Hurm reported Sandy Trettel has indicated her intent to resign from the Park Commission due to her busy family life. He requested direction from the Council relative to the placement of an advertisement to fill this position. He noted he did request a written resignation from Ms. Trettel. It was the consensus of the Council to place an advertisement announcing interviews for this position. 6. PLANNING - Report by Representative Commissioner Laura Turgeon reported on the matters considered and actions taken by the Planning Commission at the meeting of April 1, 1997 (as detailed in the minutes of that meeting). Commissioner Turgeon requested the Planning Commission be notified when discussions are held relative to the Comprehensive Plan. This would allow for a commissioner to be in attendance. Councilmember O'Neill requested the Planning Commission discuss other accessory space uses as well as greenhouses during their study session. In addition, he requested staff provide a brief history of the ordinance relative to accessory space. The Council was in agreement with noticing the Planning Commission of meetings being held relative to the Comprehensive Plan. Councilmember Stover suggested scheduling some joint meetings with the Commission and Council. . A Motion to Adopt a Resolution Regarding an Appeal Interpretation of City Code Related to Non-conforming Docks Applicant: Location: James Cabalka 58XX Christmas Lake Road Mayor Dahlberg inquired whether or not the ordinance clearly prohibits subdivision into recreational lots. Planning Director Nielsen explained any new lot which is created must meet the size requirements of that zoning district. Mayor Dahlberg commented the focus in this case is very narrow. City Attorney Dean remarked the Council's responsibility is to apply the terms of the ordinance to the facts as the Council finds the facts to be. Stover moved, McCarty seconded adopting RESOLUTION NO. 97-26, "A Resolution denying an appeal by Scott Cabalka, 58XX Christmas Lake Road, to allow a nonconforming dock." Mayor Dahlberg commented on a letter received from Mr. Kelly, the Cabalkas' attorney, in which he commented on a statement he felt was made by the City Attorney relative to any action being taken by the City to terminate the use of the dock from the Cabalka property is tantamount to condemning the property by removing all reasonable use of the land. Attorney Dean responded the Council is making a decision which may have implications upon a valuable property right, however, he did not recall stating this would render the property worthless. . . REGULAR CITY COUNCIL MINUTES APRIL 14, 1997 - PAGE 6 Councilmember McCarty commented additional testimony had come forward since the previous Council had discussed this matter last year reinforcing the point the dock had not been in place. Councilmember Garfunkel felt substantial testimony had been elicited and that the burden of proof was not on the Cabalkas. He felt the burden should be on the City, however, he also felt that he has seen the burden of proof met in that many residents who have lived in the area for many years had not see the dock in place. Mayor Dahlberg stated his belief Mr. Cabalka is telling the truth. He does not believe that the Council can prove in fact that the dock was not there. He felt the burden to be on the City and stated he would support Mr. Cabalka's property right and felt that right should be available to him. Mayor Dahlberg remarked whether or not Mr. Cabalka is guilty of violating the ordinance, he has learned that any property owner in Shorewood can be accused of breaking an ordinance and then the accused can be forced to appear before the Council in order to avoid having a right taken away. When the accused is innocent, the Council can tell that individual that he must prove his innocence in order to continue asserting that right. Motion passed 4/1. (Mayor Dahlberg was the dissenting vote.) Mr. Cabalka addressed the Council and conveyed his appreciation for being granted the extraordinary opportunity of a fact finding session on March 31, 1997. Mr. Cabalka explained he could have given conclusive proof, however, he determined early on he would not ask family to be a witness. He further explained two of the witnesses had been killed in Montana. He felt the Council's decision would have turned on their testimony. Mr. Cabalka stated he would rather lose than request the testimony of these witnesses who have suffered an inordinate amount of tragedy in their lives. . Agenda Item No.5 was the next item to be considered. . 7. CONSIDERA TION OF A MOTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO A CONTRACT FOR AERIAL PHOTOGRAPHY FOR THE STORMWATER MANAGEMENT PLAN Mayor Dahlberg noted there had been some interest, although not overwhelming, among the surrounding mayors relative to participation in aerial photography for the stormwater management plan. He further noted the consensus of the group was to wait until fall to allow for further consideration of this matter. Staff is therefore recommending this matter be postponed until the fall of the year. Councilmember O'Neill noted he would like to complete this work now, but felt there is no alternative at this point but to wait until the fall of the year. Councilmember Stover inquired if there would be further meetings of the area mayors. Mayor Dahlberg commented it is anticipated they will meet approximately every six weeks. Hearing no objections, this matter was postponed as requested by staff. A . Policy Relative to Stormwater Management Councilmember O'Neill addressed this matter stating a number of cities are concerned with the stormwater management plan which is an unfunded mandate. Depending upon the project which is undertaken, there can be co-mingling of funds to fund a project in another city. . . . . REGULAR CITY COUNCIL MINUTES APRIL 14, 1997 - PAGE 7 Councilmember O'Neill commented the City needs to define it's position. Mayor Dahlberg clarified the Co~ncil is asking the Watershed District to adopt this review process. Councilmember Stover liked the statement relative to stormwater knowing no boundaries stating she feels it is larger than a city problem. She was in favor of working with other communities to address this issue. Councilmember O'Neill stated while the City disagrees with some of the parts of the plan of the Watershed District, the City should be working cooperatively with them. Councilmember Garfunkel felt the statement relative to accountability was somewhat inflammatory. Councilmember Stover felt this statement needs to be said and felt the language should remain as written. O'Neill moved, McCarty seconded approving the draft of City of Shorewood Stormwater Management Position. Motion passed 5/0. Brown noted it will be taken to the public hearing of the Watershed District. B . Consideration of a Resolution Supporting the Continued Operation 0 f the United States Postal Service within the Downtown Area of the City of Excelsior Councilmember O'Neill stated said there has been very little response from Senators Grams and Wellstone on this matter and encouraged anyone who is so inclined to write to the senators. Councilmember Stover inquired relative to other locations for the post office to consider. Mayor Dahlberg stated Excelsior Mayor Finch will be addressing this issue. Councilmember Stover was in favor of a cooperative effort among the communities. McCarty moved, Stover seconded adopting RESOLUTION NO. 97-29, "A Resolution Supporting the Continued Operation of the United States Postal Service within the Downtown Area of the City of Excelsior." Motion passed 5/0. 8. ADMINISTRATOR & STAFF REPORTS Staff Report on Development Monitoring Nielsen explained road restrictions have ceased work on the development at this time. A preconstruction meeting will be held in the next two to three months. Mayor Dahlberg and City Attorney Dean will be in attendance at that meeting. 9. MA YOR & CITY COUNCIL REPORTS A. Establish Open Forum Meeting Topics for Next Month. Councilmember O'Neill suggested bringing in the proponents of water to hear their concerns given the fact the majority of the Council is working on changes to the Comprehensive Plan which would cease expansion of the water system. It was felt this may be premature at this time. There were no Open Forum meetings set at this time. . 'REGULAR CITY COUNCIL MINUTES APRIL 14, 1997 - PAGE 8 B. Report on Mayor's Meeting Held April 10, 1997 . Mayor Dahlberg reported on the Mayor's Meeting on April 10 in which Engineer Brown gave a presentation relative to a stormwater management plan. The objective is to continue to meet approximately every six weeks. The other communities expressed concern that the Watershed District become more accountable. Most agreed, however, to move forward on establishing a plan. Property taxes were also discussed at this meeting. There was agreement this matter needs to be addressed and an examination made of all of the property tax plans which are raised. The objective would then be to adopt one of those plans to be promoted. C. Review and Establish Topics for Work Sessions . Councilmember Stover suggested receiving the work session materials more in advance of the meeting so the Council can come to the meeting better prepared and informed. Mayor Dahlberg requested the materials be supplied as quickly as possible, perhaps a week prior to the meeting. He stated it may be necessary to add one meeting per week through Memorial Day. Brown suggested in work session formats, if anyone has detailed questions to be addressed, it would be benefIcial to contact staff prior to the meeting so they may be prepared to address that issue at the meeting. In addition, if further research is desired, staff could be notifIed prior to the meeting and the appropriate materials could then be made available. Mayor Dahlberg recessed the meeting at 10:08 p.m. and reconvened at 10:09 p.m. Councilmember O'Neill stated he would like a meeting with Jeff Foust relative to issues of cable communications and the contract which is going to be renegotiated. Councilmember Stover felt this could be addressed during a regular City Council meeting rather than a work session. Councilmember McCarty suggested having Greg Nybeck from the LMCD also meet with the Council. Councilmember O'Neill requested a map depicting the parcels of land in Shorewood which remain to be subdivided. In addition he inquired relative to the super lot in Watten Ponds, asking what assurances the City has the lot will never be subdivided. Nielsen explained there is a Protective Covenant which prohibits a subdivision. Councilmember O'Neill inquired relative to the check which was issued to the Postal Service. Hurm explained that would be for postage. He was unsure how many months that would cover, but he will investigate this matter. Councilmember O'N~ill also inquired as to the payment to OSM regarding Old Market Trail. Engineer Brown explained this represents an invoice for OSM services. The invoice is quite old, however, there were some items which needed to be done in order to close out the account with the State, therefore, ensuring the State's funding portion. Some of the work had not been completed, so payment of the invoice was put on hold until this matter was resolved. Mayor Dahlberg noted he would like to discuss marketing issues and inventory turn over at the Shorewood liquor store. Councilmember Garfunkel stated a business plan has been requested, but he has not yet received one. Advisors are currently reviewing the business and an analysis is forthcoming. Mayor Dahlberg volunteered his assistance in any way necessary. . . . . ,. . REGULAR CITY COUNCIL MINUTES APRIL 14, 1997 . PAGE 9 10. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS Attorney Dean noted the Council will adjourn to a closed executive session to discuss attorney/client privilege matters. Garfunkel moved, Stover seconded to adjourn the meeting to an executive session at 10:20 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl WalIat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: JAM AYOR