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041398 CC Reg Min . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, APRIL 13, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor DaWberg called the meeting to order at 8:40 p.m. A. Roll Call Present: Mayor DaWberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Jim Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen. Review Agenda B. Mayor DaWberg read the Agenda for April 13, 1998. Counci1member O'Neill suggested moving Items C, D and F off of the Consent Agenda for discussion after Matters from the Floor as Items 5 A, B, and C. Councilmember Stover noted Item E should be deleted. Councilmember O'Neill requested the addition of Item llA, Discussion Relative to the Assessment Process. Item No.5 was stricken. Mayor Dahlberg requested the 7:30 Public Hearing be moved to Item No.2 on the agenda. Dahlberg moved, O'Neill seconded to accept the agenda as amended. Motion passed 5/0. . 2. 7:30 P.M. PUBLIC HEARING - ORDINANCE AMENDMENT TO SECTION 903 - WATER USE AND SERVICE AND A RESOLUTION ON WATER POLICY A . A Motion to Adopt an Ordinance Amending Section 903 of the Municipal Code - Water Use and Service City Engineer Brown addressed this matter. . Mayor Dahlberg opened the public hearing at 8:50 p.m. Ingrid Schaaf, 25605 Smithtown Road, questioned if problems were to occur with the current system and a watermain were to break, how would this be paid for. In addition, she requested an explanation of the fiscal liability to this City if a situation such as this should occur. Mayor DaWberg explained the water fund is solvent at this time and Hurm explained the water system is fiscally analyzed each year. Projections show projects in the past will be paid for by the current users and problems would be paid for from the water fund. Hurm explained the City has not been setting aside a depreciation. As a watermain is installed there is a bond issue to pay for this work. As the bonds are paid off, the City will want to consider whether to set aside funds for future replacements. Councilmember Stover recalled in the past when the water fund was deficit it was supported by the general fund. . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 13, 1998 - PAGE 2 Laura Turgeon noted when projections were made on the water fund, they were based on a number of assumptions which indicated a deficit by the year 2003/2004 and asked whether the general fund would be utilized at that time. Hurm recalled there were a number of different projections made, however, the final projection did not reflect a deficit. Ms. Turgeon requested a copy of the analysis projections. Mayor Dahlberg pointed out when this issue was discussed during the work sessions, the Council insisted Finance Director Rolek adopt very conservative premises on which to base the projections. Policies were adopted which made the projections solvent. Hurm noted water rates have not been increased for quite some time and if a time comes when the projections are not sufficient, there may need to be an adjustment in the water rates. Ms. Turgeon noted the ordinance refers to a City Water Inspector and she inquired relative to who fills this position. Engineer Brown explained the City Water Inspector would depend upon the part that ~s being installed. At this time, Munitech would be considered the inspector for the outside serVIce. Ms. Turgeon inquired relative to the $2,000 performance bond. Engineer Brown explained the performance bond is a bond which is required by any contractor who comes in and receives a street excavation permit. Any time a contractor completes excavation within the right-of-way, the City requires a bond to guarantee a method to correct the work if for some reason it fails. Ms. Turgeon asked for clarification relative to a 35 percent petition in which the Council can initiate the petition with a majority vote. There is then a reference to a 4/5 vote in situations which are not deemed economically feasible. Attorney Dean explained this is a blend of what is contained in the existing ordinance. The 35 percent, 100 percent and Council initiated are all concepts which are included in the existing ordinance. The difference is in the event the improvement is not petitioned by the property owners, either 35 or 100 percent of them, but is Council initiated, the ordinance requires each of the steps along the way require an extraordinary majority vote of the Council in order to move on to the next step. He also pointed out the 4/5 vote on a Council initiated public improvement is also a statutory requirement. Ms. Turgeon expressed concern relative to future water fund revenues since new users are not being added. Mayor Dahlberg pointed out users from new developments are being added. Hearing no further public testimony, Mayor Dahlberg closed the public hearing at 9:05 p.m. Attorney Dean noted any change to the ordinance, once adopted, would require a 4/5 vote of the City Council. Mayor DaWberg announced the Council will convene in Executive Session upon conclusion of the regular meeting to discuss pending litigation matters. Councilmember Stover referenced Section 903.18, Subd. 2, (b), and inquired relative to the definition of "reasonable discretion" as it relates to the City Council. Attorney Dean explained it would mean the City Council could not act arbitrarily, but would have to have an explanation for the action which another person reviewing the explanation would believe to be an explanation which would motivate a reasonable, fair-minded person to act in a way that the City Council acted. CITY COUNCIL REGULAR MEETING MINUTES APRIL 13, 1998 - PAGE 3 . Councilmember Stover also referenced the preceding paragraph which states, "It will not be deemed to be economically feasibly unless the petitioners have agreed to pay the entire cost, minus any oversize cost and minus the present value of any additional estimated net revenues to the water fund for a continued period." She suggested possibly this paragraph could be reworded to make it easier to understand. Attorney Dean explained the wording was developed by Finance Director Rolek. He was asked to take the formula and convert it into words which would have a meaning in accounting and so that it could be understood. Rolek felt this wording could be converted into the appropriate formula by any other accountant. Mayor Dahlberg explained the Council attempted to make this formula as friendly to a neighborhood petitioning for water as it possibly can be and no unusual financial requirements are being imposed on the project. Councilmember Stover noted her understanding the Council could not amend the policies without a public hearing, however, the Council mayor may not pay attention to those attending. Attorney Dean explained the Council can amend the policies without a public hearing, however, the ordinance cannot be amended without a public hearing. Attorney Dean further explained that some of the issues that the Council in its study sessions believed were the most critical policy type views have been incorporated in the ordinance itself rather than in a separate resolution. O'Neill moved, Garfunkel seconded adopting an Ordinance Amending Section 903 of the Municipal Code - Water Use and Service." Motion passed 4/l. (Councilmember McCarty was the dissenting vote.) Councilmember McCarty felt this ordinance amendment to be very short-sighted. . B. A Motion to Adopt a Resolution Authorizing Publication of a Summary Ordinance Garfunkel moved, O'Neill seconded adopting RESOLUTION NO. 98-26, "A Resolution Authorizing Publication of a Summary Ordinance." Motion passed 4/1. (Councilmember McCarty was the dissenting vote.) C . A Motion to Adopt a Resolution Establishing Water Connection Policies Attorney Dean addressed this issue. Mayor Dahlberg explained the ordinance has been changed and the previous policy will apply and, moving forward, the new ordinance will be in force. Attorney Dean explained the resolution serves as a bridge between the two policies. With respect to Section 5 of the resolution, Councilmember Stover was uncomfortable with the language, "The Council is free to disregard" or "in its discretion determines otherwise," which results in an unknown and inconsistent way of treating things. Mayor Dahlberg explained his position there may be some complexity which the Council has not considered and the Council would want to deal with that flexibly until moving forward into the future of this new policy. With respect to the reference-"the Council is free to disregard such guideline," Councilmember Stover felt a guideline to be just that, a guideline rather than a rule. Mayor Dahlberg commented given any unforeseen circumstances, the Council could administer the existing situation in a fashion which would hopefully not result in a hardship which was not predicted as a result. . CITY COUNCIL REGULAR MEETING MINUTES APRIL 13, 1998 - PAGE 4 . Mayor Dahlberg felt if the Council were to run into a situation where a severe hardship would be created, the Council could amend the ordinance to fix that situation. Attorney Dean explained in large measure, significant alterations have to be made by ordinance amendment rather than changes to the resolution. Mayor Dahlberg felt the ordinance contains the constraints the Council is looking for. O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 98-27, "A Resolution Establishing Water Connection Policies." Motion passed 4/t. (Councilmember McCarty was the dissenting vote.) 3. APPROVAL OF MINUTES A. City Council Work Session Minutes - March 16, 1998 . Hearing no objection, the City Council Work Session Meeting Minutes for March 16, 1998, were approved as submitted. B . City Council Regular Meeting Minutes - March 23, 1998 Hearing no objection, the City Council Regular Meeting Minutes for March 23, 1998, were approved as submitted. C . City Council Work Session Minutes - March 30, 1998 Hearing no objection, the City Council Work Session Minutes for March 30, 1998, were approved as submitted. 4. CONSENT AGENDA O'Neill moved, McCarty seconded approving the Motions contained on the Consent Agenda: A. A Motion Establishing Arbor Day Celebration - Saturday, April 25 at 9:00 a.m. at Manor Park B . A Motion to Establish a Public Information Meeting 0 n Stormwater Management Plan - May 6, 1998 from 5:00 p.m. to 8:00 p.m. C. A Motion to Approve an Agreement with Griffin Company for Authorization to Market Liquor Store Property at Waterford Center (Moved to Item SA) D. A Motion Adopting a Resolution Accepting the Proposal for Professional Engineering Services for T .H. Access Closures and Intersection Improvements (Moved to Item 5B) E. A Motion Adopting a Resolution Accepting the Proposal for Professional Engineering Services for Emergency Vehicle Preemption Equipment (This item was stricken from the agenda.) . CITY COUNCIL REGULAR MEETING MINUTES APRIL 13, 1998 - PAGE 5 F. A Motion Adopting a Resolution Accepting the Proposal for Professional Engineering Services for County Road 19/Country Club Road Traffic Signal (Moved to Item 5C) . Motion passed 5/0. 5. MATTERS FROM THE FLOOR - None MATTERS REMOVED FROM THE CONSENT AGENDA FOR ADDITIONAL DISCUSSION A. A Motion to Approve an Agreement with Griffin Company for Authorization to Market Liquor Store Property at Waterford Center O'Neill moved, Garfunkel seconded approving an Agreement with Griffin Company for Authorization to Market Liquor Store Property at Waterford Center. Motion passed 5/0. B. A Motion to Adopt a Resolution Accepting the Proposal for Professional Engineering Services for T .H. Access Closures and Intersection Improvements . Councilmember O'Neill questioned whether the design costs are built into the cost of each intersection. Engineer Brown explained the design costs are built into the cost of each intersection. In addition, WSB has completed some investigative work and the signal at T.H. 41 and Highway 7 is of the age that it is not going to readily accept the emergency vehicle preemption device. MNDOT has stated that although this was not part of the original agreement, this improvement will be funded through their infrastructure program. As a part of that agreement, they will fund the construction, but the City must fund the design portion of that work. O'Neill moved, McCarty seconded adopting RESOLUTION NO. 98-28, "A Resolution Accepting the Proposal for Professional Engineering Services for T.H. Access Closures and Intersection Improvements." Motion passed 5/0. C. A Motion to Adopt A Resolution Accepting the Proposal for Professional Engineering Services for County Road 19/Country Club Road Traffic Signal Chuck Richardt of WSB was in attendance to address any questions and concerns of the Council. Engineer Brown explained all of the roadways which come into this intersection are designated state aid routes, so the City would apply for the engineering costs to be MSA eligible. O'Neill moved, Stover seconded adopting RESOLUTION NO. 98-29, "A Resolution Accepting the Proposal for Professional Engineering Services for County Road 19/Country Club Road Traffic Signal." Motion passed 5/0. 6. REVIEW OF 1997 ANNUAL REPORT OF THE FRIENDS OF THE SOUTHSHORE CENTER - This matter was stricken from the agenda. (Councilmember McCarty left the meeting at 9:55 p.m.) . CITY COUNCIL REGULAR MEETING MINUTES APRIL 13, 1998 - PAGE 6 7. CONSIDERATION OF PROJECT NO. 95-17 - STRAWBERRY LANE RECLAMATION . A. Review Comments Received at the Informal Meeting Held from 6:00 p.m. to 7:00 p.m. Councilmember Stover noted the strong concern of residents to be relative to the safety of children in utilizing Strawberry Lane to travel to school, particularly if the school bus does not continue to pick the children up as close as they have. Another significant concern was raised relative to drainage. Concern was also expressed relative to cars parking on the roadway during school events. Councilmember Stover noted several of the residents were not opposed to the roadway being widened with possibly an on-road, striped path which could be used for walking. Mayor Dahlberg noted he did receive a call from one resident who did not want the road reconstructed at all based on the belief the potholes and poor condition of the road actually slows the traffic down. Councilmember Garfunkel felt drainage to be a significant issue and felt the proposed work should alleviate some of this problem. Brown explained the pockets of water on the sides of the roadway will be resolved, but the back and side yard drainage problems will not be resolved, however staff will work with those residents relative to this. . Councilmember Garfunkel noted there were comments relative to the additional gravel along the side of the road which is pushed into the yards. Residents questioned whether they would be allow to place some sort of edging to hold it. Brown felt landscape edging could be installed along the roadway. He noted the major concern to be from the standpoint of the drainage getting to the drain system. Brown pointed out the landscape edging would actually impede that flow. He felt it would be best to leave this up to the homeowner to install the edging. Mayor Dahlberg pointed out four comment sheets were received with the primary issue being drainage. Two comment sheets were received relative to drainage and two raised issues relative to whether the construction will affect their driveway and flower gardens. Brown reported one of the residents mentioned two weeks notice would give sufficient time to move plants prior to the work beginning. He noted the majority of the work should be conducted within the confines of the existing pavement. Mayor Dahlberg felt feedback should be obtained from the neighborhood relative to widening the road and striping it. He suggested staff poll the residents relative to this issue. Administrator Hurm raised the issue of Watershed District approval and whether a design change would result in further approval and additional expense. Councilmember Garfunkel noted this project has been discussed extensively and felt the Council should move forward with the plan which has been reached. Councilrnember O'Neill suggested moving forward and noted the Park Commission is studying the possibility of a trail system and possibly it may have to be more of a sidewalk type style. . CITY COUNCIL REGULAR MEETING MINUTES APRIL 13, 1998 - PAGE 7 B. A Motion to Adopt a Resolution Approving Plans, Specifications and Estimates for Project No. 95-17 Strawberry Lane and Authorizing Advertisement for Bid . O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 98-30, "A Resolution Approving Plans, Specifications and Estimates for Project No. 95-17 - Strawberry Lane and Authorizing Advertisement for Bid." Motion passed 4/0. 8. DISCUSSION WITH OWNER OF FLOORS PLUS, INC. Mr. Johnson was not in attendance, therefore, this matter was not addressed. 9. REPORT ON APRIL 6, 1998, WORK SESSION DISCUSSION A . A Motion Regarding Park/Trail Survey Questions Administrator Hurm addressed this issue explaining the Council and Park Commission have met jointly on two occasions to address this issue. Councilmember Stover expressed concern relative to Questions 33 and 34. She felt the language to be misleading since both options do not cost the same and a property tax increase would be necessary. Mayor Dahlberg felt those questions to be essential and he explained the objective of the survey methodology is to ask the people how they prefer these objectives, in rank order, with all other things being equal. Councilmember Stover stated she would be in agreement if the term, "other things being equal, how would you rank these things." . Councilmember Stover felt the reference to "no property tax increase" should be deleted. Administrator Hurm suggested beginning the sentence with, "hypothetically." Mayor Dahlberg was in agreement with this as was Councilmember Stover. Mayor Dahlberg expressed concern relative to Question No. 53 in that he felt it to be vague and that the question implies there will be an on-street trail. He stated he would prefer to refer this question back to Mr. Morris and Ms. Traxler of Decision Resources to be reworded. Councilmember O'Neill was opposed to the reference of a "trail system" which appears throughout the survey. Hurm suggested "trail system or trail spurs." Mayor Dahlberg suggested referring this issue back to Mr. Morris and Ms. Traxler for their input as well. Mayor Dahlberg expressed concern he is unsure how people can decide if they like or dislike, to whatever degree, a trail plan or the idea of trails without having a concrete product in mind or concrete product alternatives. He noted in product research, concrete alternatives are provided. Mayor Dahlberg stated he is still in favor of proceeding with this survey. Mayor Dahlberg expressed his appreciation to Administrator Hurm for his time and effort in making this an organized and efficient process. Stover moved, Dahlberg seconded referring this survey on to the Park Commission for their consideration. Motion passed 4/0. . B. A Motion Regarding the Establishment of Neighborhood Organizations and Direction to Staff. Mayor Dahlberg requested time to prepare a resolution relative to the establishment and growth of neighborhood associations and bring it back to Council for their consideration. . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 13, 1998 - PAGE 8 C. Announcement of Planning Commissioner's Resignation and Direction to Staff on Plan to Fill Vacancy Mayor Dahlberg explained Commissioner Kolstad has resigned her position on the Planning Commission. He summarized the discussion which was held at the April 6, 1998 work session relative to ascertaining whether the applicants who expressed an interest in the vacancy in January would be interested in the current vacancy. This will be discussed at the April 20th meeting of the Council. Councilmember O'Neill expressed his concern relative to the amount of time it takes for the Planning Commission to progress through an issue and felt it would be appropriate to reduce the Commission to five members. Councilmember Stover felt the makeup of the group or the difficulty of the subject the group has to work through has more to do with how long it takes to complete an issue. She stated she is opposed to reducing the number of members on the commission. Mayor Dahlberg expressed concern relative to representativeness, however, felt a commission of five members could be representative of the City. Mayor Dahlberg recommended a decision be made at the end of the year as more tenures come up for reappointment. Councilmember Stover felt that would be a better time as well. Councilmember Garfunkel felt the open position needs to be filled until such time as a final decision is made relative to the number of commissioners to serve on this commission. Mayor Dahlberg stated his assumption the Park Commission would be reduced to the same number of members. 10. ADMINISTRATOR AND STAFF REPORTS A. Staff Report on Development Monitoring Nielsen explained complaints have been received relative to construction debris in the wetland area of Marsh Point. The developer had been advised to clean this up, however, the developer has indicated he is waiting for the ground to dry to prevent any damage to the wetland area. Staff inspected the site today and the developer has been instructed to clean up the debris by the end of the week, or in the alternative, Public works will address this issue. With respect to Watten Ponds the tree protection fencing needs to be addressed. The fencing is currently down in the area where the sewer is going to be extended to the old house. Councilmember O'Neill would like Council to direct Attorney Dean to address administrative sanctions. He explained he drove through Marsh Pointe a month ago and the plastic was in the wetland area at that time. Councilmember O'Neill noted there are continual problems on the Watten Ponds site relative to the tree protection fence. In addition, there are sign issues at the Waterford Shopping Mall where one of the stores is in violation of the PUD agreement. He felt at this time, administrative sanction should be addressed. Mayor Dahlberg and Councilmember Garfunkel noted their agreement. CITY COUNCIL REGULAR MEETING MINUTES APRIL 13, 1998 - PAGE 9 . B. Administrator's Report on Excelsior Chamber of Commerce Membership Hurm explained Excelsior and Greenwood are the other two cities which are members of the Chamber of Commerce and it was the consensus of the Council not to join the Excelsior Chamber of Commerce. C. Report on Shoreline Messages Received Hurm reported a number of messages were received relative to dog debris. Mayor Dahlberg suggested staff draft an Ordinance given the public support of this issue. Councilmember Stover inquired whether this would become a part of the regular dog ordinance or a separate ordinance. Attorney Dean explained one option would be to add this to a public nuisance ordinance and the park ordinance as well. Councilmember Stover felt an ordinance is worthwhile if it can be enforced and she felt enforcement would be difficult. Mayor Dahlberg felt the ordinance to be a an influence and the residents would make an extra effort to comply. He suggested Hurm contact other cities relative to sample ordinances. D . Report on Permit for A LaPointe Sign Co. (on behalf of Nail Gallery), Waterford Shopping Center and Ratification of Approval . Hurm reported the permit was issued last week. He noted the previous direction from Council was that all of the sign problems need to be resolved prior to issuing a permit. Hurm stated the situation with the signage of the video store could take some time to resolve and, in fairness to the new business, the permit was issued. 11. MAYOR & CITY COUNCIL REPORTS Report on Police Coordinating Committee Meetings Mayor Dahlberg reported he has attended a number of meetings and the selection process for a new Chief of Police is being addressed. A police selection process has been developed by Mayors Dahlberg and Finch and a job description has been developed. One internal candidate has applied. If need be, the position can be opened up to the public for applications. Chief Young intends to retire shortly after Christmas 1998. Councilmember O'Neill reported the Coordinating Committee and the Union have agreed to a one year extension to the contract. Mayor Dahlberg reported the police department is audited on an annual basis and the Coordinating Committee has voted to accept that report. Copies of the report will be distributed to the Council. Attorney Dean stated he had intended to discuss lawsuits involving remote docks which were not accessory uses on a property that had primary uses. One case is the Cabalka case which is currently pending in court. . . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 13, 1998 - PAGE 10 There were discussions with the Cabalka attorney which lead to the City's suggestion if the Cabalka's had a proposed settlement offer, it should be provided by noon today so that it could be discussed with the Council at the conclusion of the regular meeting. Such a proposal was not received so there is nothing to discuss. Attorney Dean also reported on a similar case brought against the City by the Vicks and the Catains. Attorney Dean was beginning to prepare a motion for summary judgment. When the Vicks and the Catains were notified of this, they informed Attorney Dean they would like the case dismissed. A dismissal of the action with prejudice has been prepared and Attorney Dean recommended the Council accept that dismissal. It was the consensus of the Council to accept and agree to the dismissal. 12. ADJOURNMENT Dahlberg moved, Stover seconded adjourning the meeting at 11:04 p.m. subject to the approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. JA