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022398 CC Reg Min . . . " , . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 23, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:01 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers McCarty (arrived at 7:03 p.m.), O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean (arrived at 7:03 p.m.); Engineer Brown; Planning Director Nielsen Councilmember Stover Absent: B. Review Agenda There was Council consensus to approve the agenda as submitted. C . Presentation of Plaques to Commission Members Mayor Dahlberg announced plaques will be mailed to Planning Commissioner Pisula for five years of service on the Commission and to Parks Commissioner Wilson for eight years of service on the Commission. He expressed his appreciation to Commissioners Pisula and Wilson for their contributions to the City. Councilmember McCarty and City Attorney Dean arrived at 7:03 p.m. Mayor Dahlberg presented Planning Commissioner Foust with a plague of appreciation for four years of service on the Commission. He thanked Commissioner Foust for his dedication to the City. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes - February 2, 1998 The City Council Work Session Meeting Minutes for February 2, 1998, were approved as submitted by Council consensus. B. City Council Regular Meeting Minutes - February 9, 1998 Garfunkel moved, O'Neill seconded approving the City Council Regular Meeting Minutes for February 9, 1998, amended on Page 4, Paragraph 5, Line 2 by removing "regardless of scientific facts" and replacing it with "in the face 0 f scientific controversy". Motion passed 3/0. (Councilmember McCarty abstained.) CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 1998 - PAGE 2 . C. City Council Executive Session Meeting Minutes - February 9, 1998 Dahlberg moved, Garfunkel seconded approving the City Council Executive Session Meeting Minutes for February 9, 1998, as submitted. Motion passed 3/0. (Councilmember McCarty abstained.) 3. CONSENT AGENDA McCarty moved, O'Neill seconded approving the Motions on the Consent Agenda and adopting the Resolution therein: A. A Motion Adopting RESOLUTION NO. 98-013. "A Resolution Approving a Conditional Use Permit for Special Home Occupation". Applicant: James Bruce Location: 5755 Merry Lane B. A Motion Adopting RESOLUTION NO. 98-014, "A Resolution Denying a Conditional Use Permit for Special Home Occupation". Applicant: Sondra Traylor Location: 23115 Summit A venue C. A Motion Adopting RESOLUTION NO. 98-015. "A Resolution Authorizing the City to Apply for 1998 Recycling Grant and Execution of Contract". . A Motion to Approve Extension of a Deadline Regarding Notice to Remove. Appellant: Robert Stevenson Location: 5455 V alleywood Circle Motion passed 4/0. D. 4. MATTERS FROM THE FLOOR - None 5 . PARK - Report by Representative A. Report by Commissioner Dallman on February 18 and 19, 1998 Park Commission Meetings Commissioner Dallman reported on the matters considered and actions taken by the Park Commission at their meeting of February 18 and 19, 1998 (as detailed in the minutes of that meeting) . B. Consideration of a Motion to Accept a Gift of a Scoreboard for Freeman Field #3 From Lyman Lumber Company . Commissioner Dallman reported Lyman Lumber has offered to donate the cost of purchase and installation of an electronic scoreboard for Freeman Field #3. It will be positioned as to present as small a silhouette as possible to the neighbors on the other side of the park. The scoreboard will be controlled from the home team dugout. Dahlberg moved, O'Neill seconded to accept the gift of an electronic scoreboard for Freeman Field #3 from Lyman Lumber. Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 1998 - PAGE 3 Mayor Dahlberg expressed the City's appreciation to Lyman Lumber for the gift of the scoreboard. . Councilmember McCarty clarified there will be no advertising on the scoreboard. C . Consideration of a Motion Approving Little League Plans to Improve Safety at Freeman Field #3 and to Adjust its Parking Lot Commissioner Dallman reported the Tonka Little League will pay for the improvements which includes bull pen areas near the dug outs and a safer area near the batting cage for teams to warm up. The proposal would include some expense on the part of the City, including moving the current ballards to the north and moving the three rows of parking further to the north (approximately 12 to 15 feet). Hurm reported the City's cost for these improvements is estimated to be approximately $2,500 to $3,000. O'Neill moved, McCarty seconded approving Little League plans to improve safety at Freeman Field #3 and to adjust its parking lot. Motion passed 4/0. 6. PLANNING - Report by Representative Commissioner Kolstad reported on February 17, 1998 meeting of the Planning Commission (as detailed in the minutes of that meeting). A . A Motion to Adopt a Resolution Approving a Conditional Use Permit for Shorewood Nursery Renovation . Applicant: Location: Brian Pipkorn, Akorn Services, Inc. 23505 Smith town Road McCarty moved, Garfunkel seconded approving a Conditional Use Permit for Shorewood Nursery Renovation for Brian Pipkorn, Akorn Services, Inc., 23505 Smith town Road. Motion passed 4/0. Dennis Pipkom noted that Page 3, Item f. refers to the installation of a six-foot high fence along the east side of the site. He stated there had been discussion that a fence would only be required on the east side of the lot from the north end of an existing building on the adjacent property to the north lot line. Also on Page 3, Item g. it had been discussed that storage could occur closer than the setback on the east side of the lot as it would be screened. Nielsen concurred that it had been agreed that storage could occur up to the fence as this was a commercial property which would be screened in this area. There also had been discussion that the commercial building to the east would screen this property and that the fence would extend from the north edge of that building to the setback line. Dahlberg moved, McCarty seconded to reconsider the Conditional Use Permit for Shorewood Nursery Renovation for Brian Pipkorn, Akorn Services, Inc., 23505 Smith town Road. Motion passed 4/0. Nielsen suggested Item g. be amended that after the word "property" insert ", except for the east side of the property" and Item f. be amended that after the word "construct" insert "a foot long," and add a sentence "In the event that the building on the adjacent property to the east is destroyed or removed the fence would be extended to the rear setback line." . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 1998 . PAGE 4 . Councilmember Garfunkel stated this should be looked at as a standalone project. If a fence is required, a fence is required. Councilmember O'Neill stated he agreed. The owner of the adjacent property or it's use could change. He felt it was difficult to tie the placement of the fence to someone else's property. Mayor Dahlberg asked the amount of expense involved with extending the fence the entire property line. Mr. Pipkorn stated he had no idea. He was currently in the process of putting together the cost estimate. Mayor Dahlberg noted it was clear that the consensus of the Council was that the area should be screened. It is the discretion on the part of the City to stipulate what is adequate screening. Dahlberg moved, McCarty seconded to continue consideration of the Conditional Use Permit for Shorewood Nursery Renovation for Brian Pipkorn, Akorn Services, Inc., 23505 Smithtown Road to the March 9, 1998 Council meeting for Staff to determine the correct verbiage and what screening is adequate. Motion passed 4/0. B. A Motion to Adopt a Resolution Approving the Final Plan of Water's Edge P.U.D. Applicant: Bill Blegens Location: 20295 Manor Road . Mayor Dahlberg reported he had contacted residents in this neighborhood and they seemed anxious that they were not notified of the changes in this final plan. He asked if the neighbors should have been notified and if the developer was within his time limit. Nielsen stated that notification was not required for final plan approval and the modifications to the plan do not warrant a new notice. Mr. Blegens has requested the appropriate extensions and is within his time limit. Mayor Dahlberg asked if this item should be tabled to allow for notification to the affected six property owners. Councilmember McCarty noted that Mayor Dahlberg had spoken with four of the six affected property owners. . City Attorney Dean stated that there is no legal requirement of notification in this case. Hurm suggested Staff could send a memorandum to the affected property owners explaining what will be occurring at the site. McCarty moved, O'Neill seconded adopting RESOLUTION NO. 98-016, itA Resolution Approving the Final Plan and Final Plat of Water's Edge P. U .D. It Motion passed 4/0. . . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 1998 - PAGE 5 C . A Motion to Adopt a Ordinance Establishing an Interim Moratorium Regarding Communication Facilities McCarty moved, Garfunkel seconded adopting ORDINANCE NO. 331, ItAn Interim Ordinance Regulating Transmission and Reception Facilities 0 f Commercial Wireless Telecommunication Services; Establishing a Moratorium, and Directing a Study be Conducted Thereon. It Motion passed 4/0. 7. CONSIDERA TION OF MOTIONS REGARDING 1998-2002 CAPITAL IMPROVEMENT PROGRAM A . A Motion to Adopt the 1998 - 2002 Capital Improvement Program Hurm explained that the Council has held a number of work sessions over the past six-month period to develop the 1998-2002 Capital Improvement Program. It includes recommendations of the Park Commission and has been reviewed by the Planning Commission for consistency with the Comprehensive Plan. It was also included in the Budget Hearing in December of 1997. McCarty moved, Garfunkel seconded adopting the 1998 - 2002 Capital Improvement Program. Motion passed 4/0. B . A Motion to Adopt a Resolution Approving the 1998 Capital Budget Hurm noted the 1998 Capital Budget resolution is included on Page 28 of the Capital Improvement Program. Dahlberg moved, McCarty seconded adopting RESOLUTION NO. 98-017, itA Resolution Approving the 1998 Capital Budget.1t Motion passed 4/0. 8. CONSIDERATION OF A MOTION REGARDING A REQUEST FOR STREET LIGHTING Applicant: Neighborhood Petition Location: Glen Road and County Road 19 Councilmember Garfunkel noted he had not received any information on this issue prior to the Council meeting. O'Neill moved, McCarty seconded to continue a Request for Street Lighting for Glen Road and County Road 19 to the March 9, 1998 Council meeting, to allow concerns from the neighborhood to be voiced. Nielsen reported that all property owners within 500 feet of the area had been notified ten days prior to this meeting. The Staff report had been mailed to Councilmembers on February 20, 1998. Councilmember O'Neill stated he would vote in favor of this request if he was certain that this is what the neighbors want. He noted this was not published in the newsletter and he felt there had not been enough time given for residents to voice their concerns. Motion passed 4/0. Hurm stated Staff would place random calls to neighbors not represented on the petition. There was Council direction to Staff to notify each individual tenant of the apartment building located across the street from this request. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 1998 - PAGE 6 9. CONSIDERA TION OF A MOTION TO ADOPT AN ORDINANCE AMENDMENT TO CHAPTER 1300 . Hurm explained the current Animal Impound Fees are quite high compared to other cities and have been reduced to $25.00 for the first offense and $50.00 for any offense thereafter. As recommended by the Park Commission, the Picnic Pavilion Resident Base Fee for Manor, Badger and Cathcart will remain at $25.00 and the Non-Resident Base Fee will be $50.00. Brown explained that the water meter charges were previously not included in the Ordinance and this has caused confusion. City policy is to charge the customer cost plus the shipping fee. The City Code Book is normally $75.00 per copy but is now also available on CD Rom for $25.00 per copy. Spring Clean-up Fees are also included in this Ordinance. These costs are acquired from the vendors. McCarty moved, Garfunkel seconded adopting ORDINANCE NO. 332, "An Amendment to Chapter 1300 - Fees." Motion passed 4/0. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH WSB Dahlberg moved, O'Neill seconded adopting RESOLUTION NO. 98-018, "A Resolution Authorizing Execution of an Agreement for Professional Engineering Services. " Motion passed 4/0. . 11. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING THE PREPARATION OF A FEASIBILITY REPORT - BADGER WELL BUILDING Dahlberg moved, O'Neill seconded adopting RESOLUTION NO. 98-019, "A Resolution Ordering Preparation of a Feasibility Report and Construction Documents for the Badger Well Building and Associated Improvements." Motion passed 4/0. 12. ADMINISTRATOR AND STAFF REPORTS Nielsen noted that at the February 9, 1998 Council meeting concerns had been raised in regard to violations of the Tree Protection Ordinance at the Watten Ponds Development. Just prior to that meeting the City Building Inspector had cited the builder for 'numerous violations including dirt being piled over the tree protection fence and up onto trees near the excavation. Between the citing and the February 9 Council meeting the excavator drove down off the main driveway and through the woods to get to the other side of the building. On February 11, 1998, the City stopped work on the project for seven days and photographs were taken on February 12, 1998. The builder was asked for a corrective plan for the potential damage caused at the site. The builder provided a report from Kunde & Associates which reviewed the site, estimated the damage and made suggestions. The report suggested that there was not much damage as the frost had protected the roots of the smaller trees. The City then hired Steve Cook, Certified Forester, to examine the report. He had a number of recommendations and met with the Building Inspector and the builder this morning. At the discretion of Staff, the builder was allowed to resume work at the site. He has poured a concrete wall for the garage and is utilizing small equipment to place the dirt that was against the trees as backfill to the garage wall. The Building Inspector and Mr. Cook are supervising this work. The violations to the Tree Ordinance are being turned over to the City prosecuting attorney to obtain his opinion for further action. . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 1998 - PAGE 7 . Brown reported the Public Works Department has a crew out patching potholes. He advised anyone with concerns to leave a message on the Shoreline. Hurm reported that Hennepin County has made a decision to purchase new voting equipment. They are asking the City to agree to the general concept at this time. This equipment would allow all precincts to have the same type of equipment and would provide faster transfer of election results to the County. The impacts to the City will be: 1. The City will relinquish ownership of the three voting machines currently owned by the City; 2. The City will lease four new voting machines, one for each precinct; 3. Hennepin County will continue to provide election support as they have done in the past to all cities that are using the new equipment; and 4. The City would be required to pay an annual maintenance agreement on four machines opposed to three and a nominal amount for leasing the machines. There was Council consensus to agree to this general concept. Hurm noted there have been a number of complaints and problems with Precinct III voting at Minnewashta School. Up until approximately six years ago, voting had been held at the Minnewashta Church. If the location of the polling place were to change, one possibility is the new Minnewashta Church facility. There was Council consensus to pursue a change in the polling location for Precinct m. 13. MAYOR AND CITY COUNCIL REPORTS Mayor Dahlberg reported his attendance at a meeting of area mayors. The DNR was present to discuss the process of developing public access points on Lake Minnetonka. The goal is to . provide 750 parking spaces on the lake. Councilmember McCarty submitted her resignation from her position as a Shorewood City Councilmember effective April 30, 1998. Mayor Dahlberg accepted the resignation and thanked Councilmember McCarty for her many years of service. Councilmember O'Neill asked what the City could do in regard to the total disregard of the Development Agreement and the Tree Preservation Ordinance violations at Watten Pond. Attorney Dean noted several options including consulting with the City prosecuting attorney, retaining the bond or security monies which are part of the development agreement, and suing the developer for any expenses that are not covered by the security monies of the development agreement. He suggested this issue be discussed in Executive Session. There was Council consensus to discuss this item in Executive Session on Wednesday, February 25, 1998. Councilmember O'Neill questioned the process of the sewer pipe restoration. Nielsen reported a letter has been sent to Jim Hofner of the Minnehaha Creek Watershed District recommending that they retain the letter of credit for specific improvements and the City is requesting they make sure the restoration is completed. . . . . ~ f . .. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 1998 - PAGE 8 14. ADJOURNMENT McCarty moved, Garfunkel seconded adjourning the meeting at 8:53 p.m. subject to the approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Lorri Kopischke, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: ;;;; c:tJAA--/ Tmt DAHLBERG/MA YOR ) ) / I l I i