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051198 CC Reg Min . . . it . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MAY 11, 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 7:00 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill and Garfunkel; City Attorney Ron Batty; Engineer Larry Brown; Planning Director Brad Nielsen; Finance Director AI Rolek. Absent: Councilmember Champa; Administrator Hurm Review Agenda B. Mayor Dahlberg read the Agenda for May 11, 1998. Councilmember O'Neill requested Items 3B and 3E be considered as Item 13B. Brown requesting adding agenda Item No. 13A, Consideration of a Motion for Appointment to the Position of Light Equipment Operator. The agenda was accepted as amended. O'Neill moved, Garfunkel seconded accepting the agenda as amended. passed 4/0. Motion 2. APPROVAL OF MINUTES A . City Council Work Session Minutes - April 27, 1998 Dahlberg moved, Stover seconded approving the City Council Work Session Minutes for April 27, 1998, as amended on Page 1, Item 2, Paragraph 5, Sentence 2, change "correction" to "correct." Motion passed 4/0. B. City Council Regular Meeting Minutes - April 27, 1998 Dahlberg moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for April 27, 1998, as amended on Page 9, Item 12, Paragraph 4, Sentence 1, change "objection" to "objective"; Sentence 2, change to read, "however, he felt voters should be able to sanction the process." Motion passed 4/0. C. City Council Executive Session Meeting Minutes - April 27, 1998 Dahlberg moved, Stover seconded approving the City Council Executive Session Meeting Minutes for April 27, 1998 as submitted. 3. CONSENT AGENDA Stover moved, O'Neill seconded approving the Motions contained on the Consent Agenda and Adopting the Resolutions therein: . . . CITY.COUNCIL REGULAR MEETING MINUTES MAY 11, 1998 - PAGE 2 A Motion Authorizing Execution of the Mighty Kids Grant Agreement A Motion Approving a Sign Permit for Twin Cities Sign Images (on behalf of Minnesota Mini-storage), State Highway 7 (Removed from Consent Agenda and moved to Item 13B.) C. A Motion adopting RESOLUTION NO. 98-040, "A Resolution Approving a Request for a Conditional Use Permit for Nancy Williams, 26270 Smithtown Road" A. B. D. A Motion adopting RESOLUTION NO. 98-041, "A Resolution Approving a 1998 Refuse Hauler's License E. A Motion Approving a Sign Permit for John Cross (Removed from Consent Agenda and moved to Item 13B.) Motion passed 4/0. 4. MATTERS FROM THE FLOOR Norman Schroeder, 4660 Lakewood Terrace, explained he coaches children's soccer in Shorewood. This program is sponsored by Tonka United Soccer Association. Mr. Schroeder stated there is a field shortage this year, forcing games to be scheduled at very unusual times. He noted there is insufficient space at Freeman Park to meet the needs of the Association. Mr. Schroeder noted the Association has requested additional space in the past, however, has not received this space. He pointed out there is a football field at Badger Park which is currently a football only field. Mr. Schroeder stated it would be very helpful if the Association could utilize a portion of this field for the balance of the summer. Mayor Dahlberg noted his impression Tonka United has established a policy of resting the fields. Brown explained this policy was established by the Association because of injuries which can be incurred as a result of fields which are too compacted and overworked. In attempting to upgrade the fields, the Association suggested the City implement a policy in which the fields are rested. Mayor Dahlberg stated he has conferred with Park Commission Chair Dan Puzak. Chair Puzak expressed concern relative to the impact on this field prior to the football season. He had indicated it would possibly be acceptable for a portion of the field to be utilized for practices. Mayor Dahlberg suggested Mr. Schroeder discuss this matter further with Tonka United Soccer Association and if they wish to request a change in policy, they may do so. Mr. Schroeder indicated all of the fields are currently being used on a daily basis. Brown related his understanding the Association had indicated they would be alternating use of the fields. The City has a concern relative to using the open area next to the tot lot, noting this area has not been designated for soccer. Brown stated there are concerns relative to injury and liability in using that particular area. Mr. Schroeder stated he would like the Council to take some direct action at this time. Councilmember Stover noted a decision was made a year ago that the field next to the tot lot would not be used for soccer this year due to safety issues. It only recently became an issue to Tonka United when they changed their schedule. She requested clarification from Tonka United on this issue. CITY COUNCIL REGULAR MEETING MINUTES MAY 11, 1998 - PAGE 3 . Mayor Dahlberg stated he would be willing to discuss this issue, however, he needs to ascertain the position of Tonka United. Mr. Schroeder requested the Council consider allowing Tonka United to utilize the football field at Badger Park for their soccer activities. Mayor Dahlberg stated he will follow up on this issue with the Tonka United Soccer Association. Councilmember O'Neill pointed out the Park Commission has worked closely with Tonka United relative to this issue and he would like to obtain input from the Park Commission. Councilmember Garfunkel felt the prudent action would be to allow the fields to rest for a period of time. 5. 1997 ANNUAL AUDIT REPORT - ABDO, ABDO, EICK & MEYER Steve McDonald, Abdo, Abdo, Eick & Meyer, presented the Excellence in Financial Planning Award for the 1996 Financial Report. He also presented the Distinguished Budget Award. Mr. McDonald explained both awards are very difficult to obtain and Finance Director Rolek puts forth considerable effort to qualify for the awards. Mr. McDonald presented the 1997 Comprehensive Annual Financial Report as well as the Audit Report for 1997 and briefly described both reports. Stover moved, Garfunkel seconded accepting the Audit Report for 1997. Motion passed 4/0. . 6. PARKS - Report by Representative A. Report on April 28, 1998 Park Commission Meeting Commissioner Themig reported on the matters considered and actions taken at the April 28, 1998 meeting of the Park Commission (as detailed in the minutes of that meeting). B . A Motion a Resolution Encouraging a Joint Skateboard Park Committee Councilmember Stover stated she was impressed with Matt Pike's presentation relative to this issue and recommended the Council approve this resolution. Mayor Dahlberg expressed concern and requested the issue of potential liability be investigated. Stover moved, Garfunkel seconded adopting RESOLUTION NO. 98-042, "A Resolution Encouraging a Joint Skateboard Park Committee." Motion passed 5/0. Mayor Dahlberg explained upon conclusion of the regular City Council Meeting, the Council will convene in Executive Session to discuss pending litigation. 7 . PLANNING - Report by Representative Planning Director Nielsen reported on the matters considered and actions taken at the May 4, 1998 meeting of the Planning Commission (as detailed in the minutes of that meeting). . CITY COUNCIL REGULAR MEETING MINUTES MAY 11, 1998 - PAGE 4 A. A Motion to Adopt a Resolution Approving Requests for a Setback Variance . Applicant: Location: David Peck 5575 Sylvan Lane Attorney Batty estimated the costs which would be incurred in a street vacation would not exceed $500. Mr. Peck commented he did not feel he should have to incur this cost in obtaining a street vacation. Mayor Dahlberg explained that Mr. Peck will be required to pay the costs which would be incurred in vacating the street and Mr. Peck indicated his understanding and stated it is his intention to proceed with his request. Engineer Brown explained without preliminary survey and design information, it is difficult to adequately determine if all of the right -of-way would be required for corrections to the geometrics of the roadway. Brown suggested a compromise would be to vacate the right-of-way in excess of 50 feet and require Mr. Peck to provide the City with a permanent lO-foot roadway easement along the property. This would provide the City with the ability to correct any geometric deficiencies for the roadway. Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-043, "A Resolution Approving Requests for Setback Variance for Dave Peck, 5575 Sylvan Lane. " Motion passed 4/0. . Stover moved, O'Neill seconded establishing a public hearing relative to the vacation on June 8, 1998. Motion passed 4/0. 8. DISCUSSION WITH OWNER OF FLOORS PLUS, INC. David Johnson, owner of Floors Plus, Inc., 5660 County Road 19, Shorewood, was in attendance. He reviewed the issues which are outlined in his April 27, 1998, letter to Mayor Dahlberg and the City Council. With respect to the issue of snowmobiling, Mr. Johnson proposed the City create a trail from the snowmobile path to the gas station. He also offered an easement in front of his business to create such a path. Mr. Johnson noted this to be a safety issue as opposed to a property rights issue. Mayor Dahlberg suggested the Public Works Department address this matter. Councilmember O'Neill pointed out there is an issue of enforcement as well. Mayor Dahlberg addressed the issue of the David Perkins watermain job. City Engineer Brown noted a curb was placed which was rejected by the City. Mr. Perkins reinstalled the curb and this curb was ultimately approved by the City. Brown pointed out this was a bituminous curb which will not withstand the abuse of snow plows. In addition, Hennepin County uses salt and this has resulted in a burn line in this particular area. Mr. Johnson explained after the curb was approved by the City, Mr. Perkins returned to the site and, in the process of moving dirt from the ICO station, the curb was once again damaged. Mr. Johnson noted he is going to expand his facility. He requested if the City intends to make any improvements in this area, that he be allowed to have input relative to issues such as drainage and/or any work which is completed at the intersection of County Road 19 and Smithtown Road. . . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 11, 1998 - PAGE 5 With respect to the Naegele sign, Planning Director Nielsen explained this is a nonconforming sign which has been grandfathered in. The American Legion owns the property in this location and has indicated they will not be renewing the lease on this property and the sign will be removed at some point this year. Mayor Dahlberg suggested Mr. Johnson keep in close contact with City Staff relative to these issues. Councilmember Stover asked Mr. Johnson for his position relative to the snowmobile trail. Mr. Johnson stated he is in favor of snowmobiling and expressed his belief residents should be permitted to utilize the trail for snowmobiling. Councilmember O'Neill suggested Brown reviewed this trail issue from a safety aspect. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION CLARIFYING INTENDED USE OF RIGHT-OF-WAY - HIGHWAY 7 AND POWERS BOULEVARD Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-044, "A Resolution Clarifying Intended Use of Right-of-Way - Highway 7 and Powers Boulevard." Motion passed 4/0. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE AD HOC LAND CONSERVATION COMMITTEE Mayor Dahlberg explained Mr. Dean Riesen has agreed to serve as the chairman of the committee. Mr. Riesen has requested the appointment ofMr. Frank Svoboda to this committee and is currently attempting to obtain another person to serve as well. O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 98-045, "A Resolution Making Appointments of Dean Riesen, Chairman, and Frank Svoboda to the Ad Hoc Land Conservation Committee." Motion passed 4/0. 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REGARDING ADMINISTRATION OF THE WETLAND CONSERVATION ACT Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-046, "A Resolution Authorizing the Mayor and City Administrator to Enter into an Agreement Establishing the Local Governmental Unit for Administration of the Wetland Conservation Act." Motion passed 4/0. 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE PARK FOUNDATION Dahlberg moved, O'Neill seconded adopting RESOLUTION NO. 98-047, "A Resolution Making Appointments of David Anderson and Roger Champa to the Park Foundation." Motion passed 4/0. 13. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS FOR 1998 CITY COUNCIL REGULAR MEETING MINUTES MAY 11, 1998 - PAGE 6 . Dahlberg moved, O'Neill seconded adopting RESOLUTION NO. 98-048, "A Resolution Making the Appointment of Roger Champa as the Park Commission Council Liaison and John Garfunkel as the Cable Commission Council Liaison for 1998." Motion passed 4/0. A. Consideration of a Motion for Appointment to the Position of Light Equipment Operator Engineer Brown recommended Brad Mason to fill the vacancy created by the retirement of Ralph Wehle last April. Dahlberg moved, Stover seconded approving the appointment of Brad Mason to the Position of Light Equipment Operator. Motion passed 4/0. B. A Motion Approving a Sign Permit for Twin Cities Sign Images (on behalf of Minnesota Mini-Storage), State Highway 7 (This item was removed from the Consent Agenda for discussion and consideration.) . A Motion Approving a Sign Permit for John Cross (This item was removed from the Consent Agenda for discussion and consideration.) Councilmember O'Neill reported he has received a number of complaints relative to signs which are on throughout the evening hours. He suggested the Council revisit this issue at a future work session. Mayor Dahlberg noted his agreement, pointing out it is inconsistent for the City to essentially have a policy of no street lights unless they are petitioned for and then, on the other hand, allow lighted signage in the evening which upsets the atmosphere which the City is attempting to preserve. Councilmember Stover suggested this matter be referred to the Planning Commission for their consideration and recommendation back to the Council. O'Neill moved, Stover seconded approving a sign permit for Twin Cities Sign Images (on behalf of Minnesota Mini-Storage), State Highway 7 and approving a sign permit for John Cross. Motion passed 4/0. Dahlberg moved, Garfunkel seconded amending RESOLUTION NO. 98-047, to include the appointment of Brian Lieffer to the Park Foundation as well. Motion passed 4/0. Mayor Dahlberg recessed the meeting at 8:55 p.m. and reconvened at 9:05 p.m. 14. ADMINISTRATOR AND STAFF REPORTS A . Staff Report on Development Monitoring Nielsen reported the developer of Watten Ponds has been directed to begin and complete the landscape berm along Eureka Road at this time. The tree protection takes place in this area as well as the area of the existing spoil pile. A building permit for Lot 4, Block 3 was rejected based on the height of the building being proposed and did not involve any landscape issues. . . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 11, 1998 - PAGE 7 Brown reported staff has been in contact with the Watershed District relative to the wetland area at the Watten Ponds site. The Watershed District is being questioned as to why this area has not been restored. The developer's engineer claims the elevation remains the same as when the sanitary sewer crossing was initiated through that wetland. City staff has objected and notified the Watershed District, however, the Watershed District has not supported the City on this issue. At this point, staff will survey the area and report back to the developer and the Watershed District, pointing out there is an error which needs to be corrected. Brown reported lighting costs have been submitted to Mr. Dresser at Gideons Woods relative to a street light on Glen Road. With respect to the storm sewer issue, Hennepin County has visited the site and have stated they will consider allowing this pipe in the Hennepin County right-of-way. B . Report on Shoreline Messages Received Mayor Dahlberg reviewed the messages received on the Shoreline. He noted a suggestion was received relative to allowing parking on only one side of the street at the times events are being held at the Minnewashta School. Councilmembers Garfunkel and O'Neill noted they have both experienced this situation and noted the area does become very congested. There have also been complaints relative to cars parking on the grass along Strawberry Lane as well. Mayor Dahlberg suggested staff determine how many cars are anticipated during one of these events to assist in planning for such parking situations. Councilmember Stover noted Strawberry Lane is not wide enough to accommodate parking and felt it may be helpful to limit parking to one side of the street. Councilmember O'Neill felt additional input should also be obtained from the residents in the area. C. Engineer's Report on May 6 Stormwater Management Informational Meeting Mayor Dahlberg reported on Wednesday, May 6, residents were invited to meet with the Council, staff and the consulting firm, WSB, to discuss any stormwater management problems they may be expenencmg. Brown reported a new problem was brought to light which is occurring in the Waterford area. In addition, he reported the aerial photography necessary for completed a stormwater management plan has been completed. The concerns which were raised by the residents have been included in the stormwater management plan. Brown noted this plan will be completed in approximately one year. Mayor Dahlberg requested a date be set in which the residents who brought forth their drainage problems are contacted and informed of the process which the City will be following in this regard. Councilmember Stover suggested this information also be included in the newsletter. 15. MAYOR & CITY COUNCIL REPORTS Report on May 4 Work Session: Mayor Dahlberg reported on the matters discussed by the Council at the May 4, 1998 work session. He reviewed the following issues (as detailed in the minutes of that meeting): Use of Right-of-Way . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 11, 1998 - PAGE 8 Telecommunications Consultant Land Use Issues Rental Policy Direction to Staff on Planning Commission Make-Up With respect to the Planning Commission, Councilmember O'Neill suggested staff prepare a draft ordinance for the Council's consideration and add this item to the next regular City Council agenda. Councilmember Stover noted she is not in agreement with this change to the Planning Commission. Councilmember O'Neill inquired as to the status of the Watershed District and Strawberry Lane. Brown provided some background information and explained the watershed permitting process relative to the reclamation project for Strawberry Lane will be completed this Thursday. Councilmember O'Neill requested an update from staff at the next work session relative to the issues which are currently planned for future work sessions. Councilmember O'Neill suggested allowing public input prior to a vote on the Consent Agenda. Mayor Dahlberg noted his agreement and suggested adding an agenda item permitting comment relative to the Consent Agenda. If there is discussion on a particular item, that item would be removed from the Consent Agenda and discussed separately. Councilmember O'Neill suggested the Council review the ordinance relative to home occupations. Councilmember Stover felt this issue should be reviewed by the Planning Commission for recommendation to the Council. Councilmember O'Neill felt the Planning Commission would not have time to address this issue given the number of projects they are currently addressing. Mayor Dahlberg suggested combining the discussion relative to home occupations and Conditional Use Permits. He would also like to discuss how these permits are reviewed and how often. Mayor Dahlberg requested staff provide copies of the home occupation ordinance, highlighting areas of concern which should be address by Council. Councilmember O'Neill commented on the rules which are listed on the HomePage relative to how meetings are run. He suggested this be reviewed and updated. Mayor Dahlberg pointed out the Council meetings could be broadcast through the City's website fairly inexpensively. Councilmember O'Neill requested a report from the Liquor Committee addressing the recommendations included in the NMBA report. Councilmember Garfunkel pointed out the Committee has moved forward on a number of the recommendations and the staff will prepare a report for the Council's review. Councilmember O'Neill inquired relative to the beaver situation on Christmas Lake and the tree loss which is occurring. Brown stated it would be difficult to determine the number of trees which have been lost, however, he will review this situation and report back to Council. Councilmember O'Neill raised the issue of curb and gutter and noted the priority list for 1997 indicates this issue needs finalization. He questioned the status of this issue. Nielsen commented there is some additional discussion which needs to take place relative to this issue. He will check into the status of this issue and report back to the Council. . . . ~ITY COUNCIL REGULAR MEETING MINUTES MAY 11, 1998 - PAGE 9 Councilmember O'Neill asked about the status of the housing study. Nielsen explained the program which has been established for the Planning Commission encompasses June, July and August. He further explained that at this time he is waiting to receive a final report back from the consultant who is working for the southshore communities. The final report is scheduled for the latter part of May. Councilmember O'Neill questioned whether the City has a long range technology plan. Mayor Dahlberg felt this to be a topic in which the Council would be greatly interested. Councilmember Stover noted the Community Center received a call relative to the lighted sign and, in response, the Center is turning the light off at night. Brown reported the support well for Amesbury has burned out. It is anticipated the motor will have to be replaced. The main well is functioning, however, the homeowners associations have been contacted and a request made that lawn sprinkling be curtailed until this situation can be corrected. 16. ADJOURNMENT Dahlberg moved, Stover seconded adjourning the regular meeting to executive session at 9:57 p.m. subject to the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ~.., . f~/V~ JA ATT~T: I i f ; , MAYOR