Loading...
040698 CC WS Min . . . CITY OF SHOREWOOD COUNCIL WORK SESSION MEETING MONDAY, APRIL 6, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Dahlberg called the meeting to order at 7:07 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover (arrived at 7:21 p.m.), O'Neill and Garfunkel; and Administrator Hurm Absent: Councilmember McCarty B . Review Agenda Councilmember O'Neill suggested adding Item 6A to discuss monitoring of development sites. The agenda was approved as amended. 2. REVIEW FIRST QUARTER STATUS REPORT OF 1998 PRIORITIES The Council reviewed the First Quarter Status Report of the 1998 Priorities. Administrator Hurm pointed out the Housing Rental Code is due for renewal and should be scheduled for discussion at a future work session. 3. DISCUSSION ON POLICY QUESTION TOPICS FOR A CITIZEN SURVEY Mayor DaWberg related the following policy areas which were submitted by Councilmember O'Neill for consideration as topics for a citizen survey: Water Councilmember O'Neill raised the question of whether the water system should be expanded to include all residences. Mayor Dahlberg noted one complication in addressing this issue is the lack of major water quality plants. Councilmember O'Neill pointed out the City of Deephaven may have information relative to this issue. Councilmember O'Neill stated he would like a professional survey relative to the issue of water to obtain legitimate input and also for use by future councils. Councilmember Garfunkel raised a concern relative to how a survey can be completed without the educational aspect. Mayor Dahlberg commented he would like to ascertain the policy attitude that if the water fund is solvent, is there a reason why residents would want the system expanded in an involuntary fashion. He felt the City would also be able to determine whether the residents are believe that the water quality may be dramatically higher than it is from any given well system. Mayor Dahlberg explained the goal of the Council is to find out whether or not people are happy or unhappy with a voluntary water system. Councilmember Garfunkel suggested asking the residents whether they are happy or unhappy with the ordinance which is being proposed. . . . 'CITY' COUNCIL WORK SESSION MINUTES APRIL 6, 1998 - PAGE 2 Housine Density Councilmember O'Neill had raised the question of whether Shorewood citizens favor changing the current zoning, affordable housing, senior housing or general development. Mayor Dahlberg noted his belief the Council is in the process of changing the ordinance in which the Council cannot unilaterally declare any area in excess of three acres can be instantly rezoned for high density housing. Councilmember O'Neill suggested changing this to reflect "higher than currently zoned" as opposed to "rezoning for high density housing." Green Space in Natural Areas Councilmember O'Neill questioned whether citizens would be willing to support a bond issue relative to acquiring green space in natural areas. Snowmobiles Mayor Dahlberg expressed concern with the extent to which the east side of Shore wood is not involved in this issue and may not, therefore, have an opinion. City Beinl: Pro Active in Inspirine the Development of Neiehborhood Associations (Councilmember Stover arrived at 7:21 p.m.) 4. DISCUSSION ON CITY'S INVOLVEMENT IN NEIGHBORHOOD ASSOCIATIONS OR ORGANIZATIONS Mayor Dahlberg felt neighborhood associations, if well organized, could avoid the expense of research such as currently being conducted relative to the trail issue and the potential research which will be conducted relative to various policy issues. He felt the associations could provide a communication channel by which the Council would be made aware of resident opinions over the years. Mayor Dahlberg expressed his appreciation to Administrator Hurm for his research on this issue and the information which he provided to the Council. Mayor Dahlberg reviewed the memorandum of Administrator Hurm relative to neighborhood associations. Mayor Dahlberg explained the process needs to be more formal which will provide the City with a list of every neighborhood association along with a list of its members. The association must document whether or not its members actually endorse the goals, values and plans of the association. Councilmember Garfunkel added the associations will need to ensure new members are representative of their neighborhood. Mayor Dahlberg stated the neighborhood boundaries will need to be established and lists of residents identified. Mayor Dahlberg requested the following two items be added to Hurm's memorandum: (1) Effective neighborhood associations could potentially lower the City's costs relative to research. (2) Neighborhood associations could also represent a permanent fundamental shift of political power away from City Hall to the people. Mayor Dahlberg explained as long as the people are not communicating with each other and as long as they are not higWy organized, there is some presumption that what City Hall proceeds with is legitimate. CITY COUNCIL WORK SESSION MINUTES APRIL 6, 1998 - PAGE 3 . Hurm questioned how the Council will determine that an association is representative. Mayor Dahlberg explained the associations would need to provide a membership list as well as documentation which would indicate who signed a particular petition. He recommended the City propose neighborhood association boundaries, however, if the people living in these areas would like to change the boundaries, they could. This will provide a list of the specific residents in a particular neighborhood and would allow the City to compare the neighborhood list with the signatures on the goals and policy statements which are submitted by an association. Councilmember Stover raised concern two adjacent neighborhoods could be in opposition on the same issue. Mayor Dahlberg stated then a compromise would need to be explored. Councilmember Stover pointed out if there is no possible compromise, the City will be in a situation in which it cannot satisfy both neighborhoods. Councilmember Stover felt it could be dangerous to leave the impression the power of the association is more powerful than it actually is. Mayor Dahlberg stated the associations are being asked to state their goals and values as opposed to their demands. He felt it would be beneficial for the City to be aware of the goals and plans each association has for their neighborhood. Councilmember O'Neill did not feel there would be sufficient interest in this plan for it to work, although he was willing to try it since there are more positive aspects than negative. He did not feel there would be people interested in committing the time and energy necessary to maintain a neighborhood association. . Mayor Dahlberg noted his interest in defming neighborhood boundaries. If residents are interested, the neighborhood boundaries may be adjusted. He stated he would like to see a commitment to developing a document outlining issues such as how to organize a neighborhood association and this would contain the City's plan in which a list of residents in the area would be included and the obligations of the association outlined. Mayor Dahlberg stated he would like to publish the boundaries in a map which would be included in the newsletter. A tool kit would be provided asking the associations to submit to the City a statement of their values and their goals for their neighborhood. The association would also need to demonstrate to what degree they are representative. Mayor Dahlberg stated his goal is to have proactive rather than reactive involvement on the part of neighborhood associations. In addition, he would like to see documentation of an association's representativeness. At that point, an association could potentially send a delegate to a congress of neighborhood associations. He noted this process would also include minority reports and remarked this type of information is invaluable to the City. Mayor Dahlberg pointed out this is a long term process. Commissioner Champa inquired how this administrative process will be initiated. Mayor Dahlberg noted these are issues which will need to be investigated and discussed. Councilmember O'Neill stated he is willing to support this endeavor. Administrator Hurm noted there are 14 associations which are currently established. He pointed out if staff will be defining neighborhood boundaries, these may not necessarily be the same boundaries. Mayor Dahlberg stated it would be acceptable to establish many associations, some of which may be very small. Hurm pointed out some of the associations may cross over into each other. Mayor Dahlberg stated he would not want them to cross over at first, however, it would be acceptable if they cross over to a certain extent as long as their representativeness can be documented. . . . . ciTY COUNCIL WORK SESSION MINUTES APRIL 6, 1998 - PAGE 4 Hurm noted some associations may require a membership fee. Mayor Dahlberg felt this would be up to each individual association. Councilmember Garfunkel stated the association will not be representative if the majority of the people in a neighborhood refuse to join because they do not wish to pay a fee. Mayor Dahlberg stated it would be possible for a homeowners association to be a neighborhood association, however, from the viewpoint of the City, they are all neighborhood associations fulfIlling the exact same functions. He stated the City would not be concerned with the association's private relationships and contracts relative to such things as mowing the grass and upkeep. Once again it was emphasized that the neighborhood associations must be able to document the extent of its representativeness. There will be a requirement relative to the number of members necessary to establish a neighborhood association. Commissioner Champa suggested utilizing the existing associations as an example of the benefits of an association. Mayor Dahlberg committed that once the boundaries are defined and a neighborhood association tool kit established, he will visit each of the neighborhoods to encourage their proactive participation with the City. Commissioner Champa suggested a message from Mayor Dahlberg on a hotline type number explaining the benefits of a neighborhood association which residents could call if they are interested in this concept. Hurrn stated there is a possibility several neighborhoods may have strong representation while other neighborhoods do not. Mayor Dahlberg stated as policy makers and managers, the Council will have to decide how much weight is given to the input which is received. Hurm inquired if a sub group of a neighborhood comes forward with a concern, how this would be handled. Mayor Dahlberg explained as policy makers and managers, the Council would have to decide how much weight would be given to a particular issue. The sub group would have to produce documentation of their representativeness. Councilmember Garfunkel felt if the neighborhood association has a healthy representation, the concern of the sub group would come forward through the association. Councilmember Stover expressed concern relative to the degree of government regulation which is required of the associations to document their representativeness. Mayor Dahlberg stated it is not the intent of the City to have regulatory power over any of the associations. He felt this to be leadership as opposed to regulation. Mayor Dahlberg stated there is no attempt to set up a system of local city government which in any way regulates neighborhood associations. He pointed out the purpose of this particular work session is relative to leadership and prevention rather than cures when it is too late. Mayor Dahlberg felt this encourages proactive participation by neighborhoods rather than reactive participation. He stated this is not an attempt to set up neighborhood entities which are regulated in any way. Councilmember Stover asked whether the City would prescribe structure as well as bylaws. Mayor Dahlberg stated the associations would need to address those matters themselves, although he will want to know how representative a neighborhood association is when approaching the City with a particular request. Mayor Dahlberg explained the role of the City will be to encourage neighborhood associations by providing information via the tool kit and defining the neighborhood boundaries. . . . CiTY COUNCIL WORK SESSION MINUTES APRIL 6, 1998 - PAGE 5 Administrator Hurm inquired what the City's relationship with the neighborhood organizations should be. Mayor Dahlberg stated there is no relationship. The Council, as leaders, will encourage their growth through development and as individual policy makers, the Council has to make a decision to be responsive or not. Councilmember Garfunkel felt the City is attempting to accomplish more direct communication with the residents to understand their position prior to an issue coming to light. Hurm noted it can be difficult to get information out to the neighborhood associations. Mayor Dahlberg stated one of the objectives would be to create an electronic community in which neighborhood associations communicate with the City via e-mail/internet access. He felt any association which is established will be large enough to have digital communication with the City. Mayor Dahlberg stated he would encourage the associations to establish e-mail access with the City. Councilmember Stover noted associations tend to establish and then dissolve. She noted the only long term existing associations have a common goal not created by the City. Councilmember Stover pointed out in her experience associations only stay active as long as they have a common goal or a focus point. When an issue is resolved, the association ceases to exist. Mayor Dahlberg disagreed stating the association ceases to exist when the leadership ceases to exist. Councilmember Stover was uncertain how area designations could be established. 5. DISCUSSION OF PROCEDURE FOR FILLING PLANNING COMMISSION VACANCY A discussion was held relative to filling the vacancy created by the resignation of Planning Commissioner Kolstad. Councilmember O'Neill suggested a change in the ordinance reducing the Commission from seven members to five to make this a more efficient group. He expressed concern, as Council Liaison to the Planning Commission, relative to the amount of time which is spent on a particular issue. Councilmember Garfunkel felt this to be a lack of leadership. Commissioner Champa expressed his disagreement, however he felt there may be too many members. He noted at the present time, the Commission is reviewing the Comprehensive Plan and is spending considerable time at this point discussing the wording. Mayor Dahlberg stated he is sympathetic to discussing this issue relative to the Planning and Park Commissions, but questioned whether the commissions will still be representative of the City. Councilmember Garfunkel pointed out there are only five councilmembers and Councilmember O'Neill pointed out much larger cities utilize fewer commissioners. Councilmember Stover noted the City was originally divided into seven sections with a representative of each section on the commission and she was in favor of this. Mayor Dahlberg stated if the City were to establish a ward system, there could be four wards and one at large. Hurm pointed out the ordinance strongly suggests there be a representative from the islands. Councilmember Garfunkel pointed out the question at hand is whether to advertise. Mayor Dahlberg suggested choosing a commission~r froIIl the letters which were submitted relative to the vacancy on the Planning Commission at the beginning of this year. Councilmember O'Neill pointed out this particular position expires the end of this year. Councilmember Stover noted there is currently no one on the Commission who represents the islands. . . . CITY COUNCIL WORK SESSION MINUTES APRIL 6, 1998 - PAGE 6 Mayor Dahlberg was unsure the issue of island representation should impact whether the Commission is made up of seven or five members. He stated there needs to be communication with the residents of the island and the City needs to be sensitive of their needs. He agrees with the ordinance strongly suggesting there be a representative from that area, but if there is no volunteer, there will have to be other ways to make up the Commission. Mayor Dahlberg suggested Hurm contact the applicants who applied at the beginning of the year. There would be no need to re-interview those applicants since they were interviewed just several months ago. Councilmember Garfunkel did not feel it should matter where a particular Planning Commissioner resides within the community. Councilmember Stover stated in the past, it became the responsibility of the Planning Commissioners to alert members of their neighborhood of a development process or an ordinance change which would affect them. Mayor Dahlberg stated everyone wants the island to have representation and he suggested sending a letter. Councilmember Garfunkel felt if a letter is sent to the residents of the island, then an invitation should be made to the entire city. Hurm will ascertain how many of the prior applicants are still interested. A decision will then be made relative how to proceed with this issue. Councilmember O'Neill stated he will abstain on every vote because he feels the Commission should be reduced to five members. He noted an ordinance change could be completed very quickly. Councilmember O'Neill has received numerous complaints from residents relative to the efficiency of the Planning Commission. Mayor Dahlberg stated he would be willing to move in the direction of an ordinance amendment reducing the size of the Commission, however, there needs to be time to consider this matter. He pointed out a 4/5 vote will be necessary to accomplish this. Mayor Dahlberg felt this issue should be heard at a Council meeting and a vote taken. Councilmember Garfunkel did not feel representation to be an issue. He would like to hear the arguments to be made for a seven member Commission. Councilmember Stover stated the number is probably not as important as the particular personalities involved. Mayor Dahlberg noted his belief there are good people on both commissions, however, if because of the mix of those personalities, a dysfunctional commission results, the Council will need to take action. Councilmember Stover did not feel the Commission to be dysfunctional, however, various personalities will affect the speed with which things are accomplished. Mayor Dahlberg suggested this issue come before the Council for a vote within the next month. Councilmember O'Neill was in agreement. (Councilmember Stover left the meeting at 9: 11 p.m.) 6. DISCUSSION ON AD HOC LAND CONSERV ATION COMMITTEE APPOINTMENTS Mayor Dahlberg recommended a process of opening this committeeto'the city to determine who is interested. Dean Riesen will then be asked to review the candidates and make a recommendation to the Council. Councilmember O'Neill pointed out there are some qualified candidates, however, they have not applied. . . . CI1'Y COUNCIL WORK SESSION MINUTES APRIL 6, 1998 - PAGE 7 Councilmember Garfunkel noted this has been advertised to the public. Mayor Dahlberg suggested a list be compiled by Monday and an interview session established for Dean Riesen to meet the candidates and make a recommendation to the Council. A. DISCUSSION OF MONITORING OF DEVELOPMENT SITES Councilmember O'Neill commented on Marsh Pointe and the plastic which continues to be in the wetlands. Lundgren Bros. informed the City Inspector they wanted to wait so as not to damage the wetlands. This plastic has been there for approximately one month and at this point, there is additional plastic in the wetland area. Councilmember O'Neill did not believe there would be damage to the wetland due to one person cleaning the plastic out of the area by hand. With respect to Watten Ponds, there is a 50-foot tree with a 12-foot diameter tree protection fencing. There is a home being constructed and there are two 50-foot trees on that lot and one has tree protection fencing approximately four feet from the trunk. In addition, on another lot, tree protection fence was removed and mulch was dumped in this area. Mayor Dahlberg requested the Council be provided with the history of this development from January of 1997 documenting the violations which have been discussed by the Council as well as those addressed by staff which did not come before the Council. Mayor Dahlberg felt perhaps the development needs to be shut down. Councilmember O'Neill stated he would like to meet with Prosecuting Attorney Potts to address the violations. Mayor Dahlberg stated he would like to review the clear, definable violations of the ordinance, the Tree Preservation Policy and the Development Agreement which have continued throughout the process for the past year. He pointed out there are other developers which do not conduct their work in this manner. 7. ADJOURNMENT Dahlberg moved, O'Neill seconded to adjourn the City Council Work Session Meeting at 9:25 p.m. Motion passed 3/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. JA G S c. HURM, CITY ADMINISTRATOR