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052698 CC Reg Min r . . . ,,' .4 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, MAY 26, 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 :05 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; Administrator Jim Hurm; City Attorney Ron Batty; Engineer Larry Brown; Planning Director Brad Nielsen Absent: B. Review Agenda Mayor Dahlberg read the Agenda for May 26, 1998. Councilmember O'Neill suggested revising the Agenda, moving Item 6A to 13A. Mayor Dahlberg noted Item No.7 will be stricken from the Agenda since that matter has been resolved. Dahlberg moved, O'Neill seconded accepting the agenda as amended. passed 5/0. 2 . APPROVAL OF MINUTES Motion A . City Council Work Session Minutes - May 4, 1998 Garfunkel moved, O'Neill seconded approving the City Council Work Session Minutes for May 4, 1998, as amended on Page 5, Item LU3, Sentence 1, change "he" to "Councilmember O'Neill"; Sentence 3, delete "the preservation of." Motion passed 4/0. (Councilmember Stover abstained.) B . City Council Regular Meeting Minutes - May 11, 1998 Dahlberg moved, _ Stover seconded approving the City Council Regular Meeting Minutes for May 11, 1998, as amended on Page 8, Paragraph 8, Sentence 2, change "he" to "staff." Motion passed 4/0. (Councilmember Champa abstained.) C. City Council Executive Session Meeting Minutes - May 11, 1998 Dahlberg moved, O'Neill seconded approving the City Council Executive Session Meeting Minutes for May 11, 1998 as submitted. Motion passed 4/0. (Councilmember Champa abstained.) 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 26, 1998 - PAGE 2 A. A Motion Adopting RESOLUTION NO. 98-049, "A Resolution Approving Intoxicating Liquor License On-Sale, Intoxicating Liquor & Special Sunday Sales - Minnetonka Country Club B. A Motion Adopting RESOLUTION NO. 98-050, "A Resolution Approving a Temporary Gambling License for Store Front Youth Action C. A Motion Adopting RESOLUTION NO. 98-051, "A Resolution Establishing a Polling Place - Precinct III" D. A Motion Adopting RESOLUTION NO. 98-052, "A Resolution Authorizing Execution of a Non-Disclosure Agreement with Hennepin County" E. A Motion Adopting an Amendment to Ordinance No. 319 Extending the Moratorium on the Siting of Adult Establishments Motion passed 5/0. 4. MA TTERS FROM THE FLOOR - None Christine Lizee, 27055 Smithtown Road, expressed her appreciation to Engineer Brown and the Public Works Department for their storm clean up efforts after the May 15th storm. 5. PARKS - Report by Representative A . Report on May 12, 1998 Park Commission Meeting Administrator Hurm reported on the park tours currently being conducted by the Commission. 6. PLANNING - Report by Representative Planning Director Nielsen reported on the matters considered and actions taken at the May 5, 1998 meeting of the Planning Commission (as detailed in the minutes of that meeting). A. A Motion to Adopt a Resolution Making an Appointment to the Planning Commission Vice Chair Position (This Item was considered as Agenda Item No. 13A) B. A Motion to Adopt Combination/S u bdi vision Resolution Approving a a Applicant: Location: Ron Hume 25040 Yellowstone Trail Stover moved, Garfunkel seconded adopting RESOLUTION NO. 98-053, "A Resolution Approving a Combination/Subdivision for Ron Hume, 25040 Yellowstone Trail." Motion passed 5/0. C. A Motion Establishing A Public Hearing Date of June 8, 1998, to Consider Vacation of Drainage and Utility Easements for Ron Hume . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 26, 1998 - PAGE 3 Garfunkel moved, Stover seconded establishing a Public Hearing date of June 8, 1998, to Consider Vacation of Drainage and Utility Easements for Ron Hume. Motion passed 5/0. D. A Motion to Consider a Request for a Simple Subdivision Applicant: Location: Dean Johnson 5875 Cathcart Drive Mr. Johnson was in attendance and stated he would like to maximize the depth of the lot. The lot was registered as a Torrens lot in the mid '70s with 147 feet of depth east and west along Smithtown. The width, north and south along Cathcart, is approximately 338 feet. Mr. Johnson stated he would like the southern boundary with 23 feet of dedication to the City for Cathcart Drive. He explained if there is a 25-foot dedication, the side yard will be very narrow. In addition, there is no existing pavement on Mr. Johnson's side of the roadway. Councilmember O'Neill expressed concern relative to the lot being designed to the house as well as the six feet of pavement which leaves the City with less right-of-way. Councilmember O'Neill questioned the right-of-way on the other side of the roadway. Brown explained this would have to be field verified by survey. Nielsen stated the City has 33 feet on the other side of the roadway. Nielsen stated his recommendation for 27 feet of right-of-way was based on the idea of combining this with the 30 feet on the other side of the road resulting in a 60-foot right-of-way, which is the minimum width for collector streets. Councilmember O'Neill expressed concern with creating a right-of-way which consists of an odd number of feet. Mayor Dahlberg noted there is some flexibility given the 33 feet which exist on the other side of the roadway. Mr. Johnson stated with the house setback and the 50-foot setback requirement, he would like the western property line as far to the west as possible. Mr. Johnson pointed out if there is a 50-foot setback from the lot line, 25 feet of easement and six feet of pavement, the house will be set back 69 feet from the pavement. This forces the rear of the proposed home closer to Mr. Johnson's home. Brown felt the Planning Commission made a sound recommendation which provides for the future. If the roadway were to be reconstructed, there may be an attempt to center the roadway on the appropriate roadway center line. Brown felt there to be good precedent for the 25 feet even though it will create a right-of-way which consists of an odd number of feet. Stover moved, Garfunkel seconded approving the Planning Commission's recommendation for a 25-foot right-of-way as well as the request for a Simple Subdivision for Dean Johnson, 5875 Cathcart Drive. Councilmember O'Neill suggested approving a 23-foot right-of-way which would make the lot more buildable. Mayor Dahlberg stated he would be able to support that suggestion. Councilmember Champa was in agreement. He stated the goal is to keep the homes in the City spaced apart and this would allow for that. CITY COUNCIL REGULAR MEETING MINUTES MAY 26, 1998 - PAGE 4 . Councilmember Stover felt there to be logic in utilizing a 25-foot right-of-way and pointed out there is more being taken from one neighbor than another. Councilmember O'Neill noted that although this is a collector street, it will not be larger than a standard city street. Brown explained if the roadway would have to be reconstructed in the future and it were to be moved, the City may be required to purchase a roadway easement, however, he pointed out he does not see any vertical profile concerns. Motion failed 1/4. (Mayor Dahlberg and Councilmembers O'Neill, Garfunkel and Champa were the dissenting votes.) Champa moved, Garfunkel seconded approving a 23-foot right-of-way as well as the request for a Simple Subdivision for Dean Johnson, 5875 Cathcart Drive. Motion passed 4/1. (Councilmember Stover was the dissenting vote.) E. A Motion to Adopt a Resolution to Approve a Final Plat - Mary Lake Woods Applicant: Jim Wyman Location: 24020 Yellowstone Trail Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-054, "A Resolution Approving a Final Plat - Mary Lake Woods for Jim Wyman, 24020 Yellowstone Trail." Motion passed 5/0. . 7. CONSIDERATION OF A REQUEST TO ABATE CITY CLEAN-UP CHARGE This Item was stricken from the Agenda. 8 . PARKS - Report by Representative A . Report on May 12, 1998 Park Commission Meeting Commissioner Themig arrived and reported on the matters considered and actions taken at the May 12, 1998 meeting of the Park Commission (as detailed in the minutes of that meeting). 9. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FROM THE GENERAL FUND BUDGET FOR STORM CLEAN-UP Administrator Hurm noted he does not have costs or cost estimates available at this time. He requested the Council recognize there will be major expenditures associated with the storm clean up which will be paid out of the General Fund Reserve. Brown commented staff will report back to the Council when exact amounts are known. Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-055, "A Resolution Authorizing the Expenditure of Funds from the General Fund Budget for Storm Clean-Up." Motion passed 5/0. 10. CONSIDERA TION OF A MOTION REGARDING SUMP PUMP INSPECTION . . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 26, 1998 - PAGE 5 Councilmember Garfunkel felt the City Inspector should complete a sump pump inspection on Mr. Johnson's property. He did not feel this should be handled any differently than any other resident. Councilmember Garfunkel stated he does not feel qualified to complete such an inspection and felt Councilmember O'Neill may be the only qualified member on the Council to do an inspection. Mayor Dahlberg noted there are instances where a resident prefers to work with an elected official rather than an employee of the City. Dahlberg moved allowing Mayor Dahlberg to perform an inspection of Mr. Johnson's sump pump. Motion failed for lack of a second. Councilmember O'Neill felt someone who is an expert in this field should perform the inspection. Councilmember Stover inquired whether this is the last inspection which needs to be completed in the City. Brown stated there may be one more inspection outstanding. Councilmember Stover felt there to be certain areas in which a councilmember is not necessarily qualified to perform such an inspection. Dahlberg moved, O'Neill seconded allowing Councilmember O'Neill to perform an inspection of Mr. Johnson's sump pump. Councilmember Stover felt a professional plumbing contractor should be utilized to complete this inspection. Mayor Dahlberg withdrew his motion. Dahlberg moved, O'Neill seconded directing Engineer Brown to contact Mr. Johnson in an attempt to make arrangements for an independent plumbing contractor to complete the inspection at Mr. Johnson's expense. Motion passed 5/0. 11. CONSIDERA TION OF A MOTION TO ADOPT A AUTHORIZING ADVERTISEMENT FOR BID SEAL COATING PROJECT RESOLUTION 1998 JOINT Dahlberg moved, Stover seconded authorizing advertisement for bid -1998 Joint SeaIcoating Proje_ct. Motion passed 5/0. 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING A WARD OF CONTRACT FOR TELEVISING OF SANITARY SEWER O'Neill moved, Stover seconded adopting RESOLUTION NO. 98-056, "A Resolution Authorizing Award of Contract for Televising of Sanitary Sewer." Councilmember O'Neill questioned whether staff has considered the City undertaking this project itself. Brown explained he did consider this, however, there would be significant expense involved. V ote on Motion: Motion passed 5/0. . . . CITY COUNCIL REGULAR MEETING MINUTES MA Y 26, 1998 - PAGE 6 13. CONSIDERA TION OF A MOTION TO ADOPT AN ORDINANCE AMENDMENT - SECTION 201 - PLANNING COMMISSION Planning Commissioner Christine Lizee was in attendance and requested clarification from Councilmember O'Neill relative to his belief the Commission should be reduced from seven to five members. Councilmember O'Neill explained he has received a number of complaints relative to the length of time the Planning Commission dedicates to a particular issue. He noted this does not apply to work session meetings, but to public hearing type meetings. He noted the complaints have been received from present members of the Commission, applicants to the Commission and various citizens. Commissioner Lizee questioned whether Councilmember O'Neill had brought this issue to the attention of the Planning Commission in his capacity as Council Liaison to the Commission. Councilmember O'Neill noted it was discussed at the last Commission meeting and none of the members were opposed to this idea. Commissioner Lizee did not feel there to be a timing issue and commented it is a part of the responsibility the Planning Commission has to the City and to the residents for fair and equitable decision making. She pointed out the Commission does a fair amount of research and work for the Council in order to make an appropriate recommendation. Mayor Dahlberg asked what the argument would be for keeping a seven member Commission. Commissioner Lizee felt a seven member Commission would provide better representation throughout the community. She did not feel the size of the Commission dictates the length of time in which a matter is addressed. Commissioner Lizee explained if the Commission is comprised of experienced members who have looked into the background of an issue, they are able to discuss matters in varying lengths of time. Councilmember Stover pointed out many of the present councilmembers campaigned on the fact they would like a substantial amount of citizen representation and input. She felt reducing the size of the Commission to be counterproductive. Councilmember Stover could not understand why the Council would want to reduce the size of the Commission since the members volunteer their services to the City. Mayor Dahlberg stated he does not feel strongly on this issue, however, he felt the odds of inefficiency to be reduced on any given committee when the size is reduced. - Mayor Dahlberg stated it is not necessarily the case that there would be more citizen involvement, but less accountability which goes directly to the voters. Councilmember Stover pointed out the Planning Commission can only make recommendations to the Council. Mayor Dahlberg felt the Planning Commission to be very powerful in bringing forth issues. He stated he is sympathetic to the issue of representativeness. Councilmember Garfunkel noted the City does not utilize a ward system and he did not feel the various commissioners would necessarily bring very different perspectives to a matter. He also felt the Planning Commission to be a very technical position without a lot of room for interpretation. He felt it to be more important to have knowledgeable, competent people on the Commission versus representation. Mayor Dahlberg inquired whether Commissioner Lizee would support a ward system and she felt she would, however, she would not be in favor of reducing the seven member Commission. Councilmember Garfunkel noted the applications which have been received in the last couple of . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 26, 1998 - PAGE 7 years have not been representative of the City. Councilmember Champa expressed mixed feelings relative to this issue, noting during his term on the Commission, there were often meetings with only five or six commissioners in attendance. He noted there would often be a considerable amount of discussion on a particular item which would come full.circle and which would ultimately be unproductive. Councilmember Champa expressed his belief this can be the result of the make up of the Commission. He felt the Commission could be streamlined if the members were reduced from seven to five. O'Neill moved, Champa seconded adopting ORDINANCE NO. , "An Ordinance Amending Chapter 201 of the Shorewood Code of Ordinances to become effective June 12, 1998." Councilmember Garfunkel commented if representation is not an issue, the reference to appointing a member from the islands would be unnecessary. He felt it would be more appropriate to indicate the Council will endeavor to appoint a commission member across various geographic areas of the City. Councilmember.Stover questioned the use of the June date. Councilmember O'Neill pointed out the Council is up for election and he felt the Commission to be a legacy which is left by the Council. Garfunkel moved, Champa seconded amending the motion to remove the reference to "It shall be the policy of the City to endeavor to appoint one of the Commission members who is a resident of Enchanted Island or Shady Island." Motion failed, 4/2. (Mayor Dahlberg and Councilmember Stover were the dissenting votes.) Councilmember Stover was opposed to the speed with which this has been done. She felt if the Council feels this reduction in the Commission is in the best interests of the City, it should be accomplished on January 1, 1999, when appointment would normally be made. Vote on Motion: Motion passed 4/1. (Councilmember Stover was the dissenting vote.) A . A Motion to Adopt a Resolution Making an Appointment to the Planning Commission Vice Chair Position O'Neill moved, Garfunkel seconded tabling consideration of an Appointment to the Planning Commission Vice Chair Position until after the June 1, 1998, work session in which the Council will discuss the make up of the Planning Commission. Motion passed 411. (Councilmember Stover was the dissenting vote.) 14. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING AN APPOINTMENT TO THE AD HOC LAND CONSERVATION COlVIMITTEE Dahlberg moved, Stover seconded adopting RESOLUTION NO. 98-057, itA Resolution Making An Appointment of Frederick Bruno to the Ad Hoc Land Conservation Committee upon his acceptance of this appointment." Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES MAY 26, 1998 - PAGE 8 . Laura Turgeon, expressed her disappointment in the action taken by the Council relative to the Planning Commission. She pointed out when new commissioners are appointed, the process becomes more time consuming when it is necessary to explain why the Commission does or does not do a particular thing. Ms. Turgeon stated the speed with which the Council handled this issue leads her to believe there is a hidden motive to do something else. She pointed out during her term on the Planning Commission, Councilmember O'Neill never raised any concerns to the Commission in his capacity as Council Liaison. Mayor Dahlberg pointed out Councilmember O'Neill did raise this issue on a number of occasions with individual councilmembers as well as during work sessions. Ms. Turgeon felt it would have been appropriate for the Council to hold a joint session with the Planning Commission to discuss this situation. Councilmember O'Neill stated he would disagree that the new members are the ones responsible for slowing the meeting down. Ms. Turgeon stated the Council needs to take some responsibility and provide some direction to the Planning CoIIlIIlJ:ssion rather than reducing the size of the Commission. Ms. Turgeon also questioned why the Park Commission is not being reduced in size and Mayor Dahlberg pointed out he had recommended this be done. Councilmember Garfunkel commented that discussion has not been completed at this time. Mayor Dahlberg stated there is no hidden agenda. The reduction in the Planning Commission is an example of governmental streamlining. . 15. ADMINISTRATOR AND STAFF REPORTS A . Staff Report on Development Monitoring Nielsen reported on Watten Ponds. A letter was sent to the developer directing that a number of items be corrected. On a drive through of the site today, Nielsen found that most of the items had been corrected. The stockpile of dirt has been reduced and the tree protection fencing appears to be in good shape. Dirt has been removed from the erosion control fencing as well. In some areas, vegetation has been establish to the point the erosion control fencing may not be necessary, however, the developer has been directed to leave the fencing in place to assure there are no erosion problems. The wear course of bituminous on the street has been completed. Nielsen would expect to see a request for a reduction in the Letter of Credit in the near future. The retaining wall along the west side of the road remains to be removed. Tree reforestation will also need to be completed by June 15th and a reminder letter will be sent in this regard. The restoration of the north end of the wetland along Eureka Road remains to be completed. The Watershed District has been asked to address this issue, however, the City will now take it upon itself to have the elevation determined with City surveyors. If there is a discrepancy between the approved plan and the elevation which exists today, this will be reported to the Watershed District. With respect to Smithtown Meadows, the landscape plan remains to be completed. A letter will be sent to the developer instructing the trees must be planted by June 30th. . .. CITY COUNCIL REGULAR MEETING MINUTES MAY 26, 1998 - PAGE 9 . Nielsen stated there are no problems to report with respect to the Marsh Pointe development. There are several homes currently under construction. B . Report on Shoreline Messages Received Hurm reported the messages received in the last week are generally concerning storm damage. Several flyers have been sent out to clarify the Council's position relative to storm damage clean up. C . Report on Telecommunications Consultant Process Mayor Dahlberg reported the Council is in the process of hiring a telecommunication consultant to assist in addressing the federal law requirements with respect to cellular towers. D. Administrator's Report and Clarification of Tonka United Soccer Policy Hurm reported Tonka United Soccer has a specific assigned area in which to play at Freeman Park. They are not to }:lave fields in the areas down by the playground equipment and where the trailer used to be last year to the right field of Field 6 or to the right field of Field 4. There could be hard hit fly balls and/or foul balls in this area. Hurm also reported last year Tonka United Soccer did play in these areas since Cathcart Park and Minnewashta School areas were not ready. He noted there was some miscommunication because some games were scheduled at one location this year as well, however, those have been rescheduled. . With respect to the football field area, there are no games to be played there. The field has fairly new sod and it needs to rest and there are no games, therefore, scheduled for the football field. Mayor Dahlberg requested staff keep in contact with Mr. Schroeder relative to this matter~ 16. MAYOR & CITY COUNCIL REPORTS Report on Emergency Meeting of May 18, 1998 - Storm Issues Mayor Dahlberg reported on the Emergency Meeting of May 18, 1998, (as detailed in the minutes of that meeting). Hurm reviewed the storm clean up policy which was established. Report on Work Session of May 18, 1998 Land Use Issues Hurm noted the Land Use chapter of the Comprehensive Plan has been completed. Nielsen stated the Council will move on to the Natural Resources, Community Facilities and Transportation chapters. . Assessing Issues Hurm reported the Council has indicated a desire to request proposals for assessing services and this will be done this year. Councilmember O'Neill thanked the Public Works Department for their work during the storm clean up. .. . . (' . CITY COUNCIL REGULAR MEETING MINUTES MAY 26, 1998 - PAGE 10 . 17. ADJOURNMENT O'Neill moved, Garfunkel seconded adjourning the regular meeting at approximately 9:00 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl WaIlat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TO . .