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091498 CC Reg Min r. . . . .., CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, SEPTEMBER 14, 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, Garfunkel and Champa; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen. B. Review Agenda Mayor Dahlberg read the Agenda for September 14, 1998. The agenda was accepted as presented. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes - August 17, 1998 Garfunkel moved, O'Neill seconded approving the City Council Work Session Meeting Minutes of August 17, 1998, as amended on Page 2, Item No.4, Paragraph 7, Sentence 1, change "questioned" to "asked." Page 3, Paragraph 3, Sentence 1, change to read, "Mayor Dahlberg expressed concern there is not a clear line of authority during an emergency of public safety resources." Paragraph 5, Sentence 1, change to read, ". . . it is a chain of command situation, and the authority . .." Motion passed 3/0. (Councilmembers Stover and Champa abstained.) B . City Council Regular Meeting Minutes - August 24, 1998 Stover moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for August 24, 1998, as amended on Page 8, Paragraph 2, Sentence 2, change to read, "Copies of the proposal and the proposed resolution . .." Page 10, change "Bud Cort" to "Bud Koch". Motion passed 5/0. C. City Council Executive Session Meeting Minutes - August 24, 1998 Champa moved, Garfunkel seconded approving the City Council Work Session Meeting Minutes for August 24, 1998, as amended on Page 1, Item No.2, Paragraph 3, change to read, ". . . to find the General Fund is not where staff wants it to be." Motion passed 5/0. 3. CONSENT AGENDA Stover moved, Garfunkel seconded approving the Motions contained on the Consent Agenda and Adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 98-083, "A Resolution of Merit" CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 2 . B. A Motion to Establish Fall Y ard Waste Day as Saturday, October 24, 1998 C. A Motion to Approve a Sign Permit Applicant: Waterford Homeowner's Association D. A Motion Adopting RESOLUTION NO. 98-084, "A Resolution Approving Budget Transfers Motion passed 5/0. 4. MA TTERS FROM THE FLOOR Dwayne Laurila and Renee Foster, 5595 Eureka Road, were present to address the Council. Mr. Laurila explained the property to the north of his home is scheduled to be burned as a part of a training exercise by the Fire Department. He noted the Fire Department intends to complete the training with a final fire scheduled for Saturday. Mr. Laurila expressed concern relative to the impact this will have on the trees and vegetation which currently exist at the property line. Mr. Laurila noted the fire will be 150 feet or less from the barn in which Ms. Foster's horses reside. A veterinarian has advised the horses be removed from the property during the burn exercises given the impact these burns could have on them. It was noted the- crackling sound and smell of smoke could cause them to bolt. . Mr. Laurila noted he is unable to remove the horses from the property since he does not own a horse trailer and he would not be allowed to move them by using the trail. He informed the Council the surrounding neighbors have not been notified of the proposed burns. Mr. Laurila determined through discussions with the Fire Marshal and City Staff that each was of the understanding the other would be noticing the residents. Gary Ringate, Excelsior Fire Chief, was also in attendance and reported the initial burn has been tentatively scheduled for one week from Thursday and, the surrounding neighbors have had approximately two and one half weeks notice of this event. Chief Ringate explained the PCA and DNR have been notified and a tentative schedule has been established until such time as all necessary permits have been obtained. In response to the concerns of Mr. Laurila and Ms. Foster, Chief Ringate reported if a horse trailer could be obtained, the former Fire Chief of the Chanhassen Fire Department has offered the use of some acreage he owns in Victoria and would be happy to board the horses. Administrator Hurm felt the City would be able to secure a horse trailer for the move. Mr. Laurila and Ms. Foster were opposed to this idea gi ven the age of the horses and their unfamiliarity with a horse trailer. Ms. Foster felt this to be a financial issue noted it is less expensive for the Hermans to burn the structure than to have it demolished. . Chief Ringate noted the Fire Department will gain invaluable training from the burning of the structure. Ms. Foster expressed concern relative to the time she will need to take off from work to deal with this situation as well as the possible affects a move could have on the horses. Mayor Dahlberg stated he would like to determine whether there is an -acceptable location to which the horses could be walked. He suggested staff meet with the Mr. Laurila and Ms. Foster to determine whether there is an acceptable location available. . . . CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 3 Chief Ringate explained the tentative schedule to include two consecutive Thursdays from approximately 6:00 p.m. to 10:00 p.m. with a final bum on Saturday which will begin at approximately 7:00 a.m. and conclude at noon. He further explained the Thursday bums will be contained within the structure and will consist largely of smoke. Ms. Herman was in attendance and explained in order to allow the structure to be burned, the Hermans were required to incur costs relative to asbestos inspection, an asbestos abatement, and a well abandonment. Councilmember Garfunkel suggested the Fire Department work closely with the Mr. Laurila and Ms. Foster and the Hermans to resolve this issue. . Councilmember Champa did not feel the final bum date should be changed gi ven the number of arrangements which have been made for that Saturday bum, however, he felt the Thursday evening training sessions could be changed. Ms. Foster pointed out the horses would need to be in an appropriate area which meets the necessary requirements for boarding horses. Councilmember Stover suggested perhaps there would be a horse owner in Shorewood who would be willing to board the horses. Mayor Dahlberg felt there to be various options which may be acceptable to ensure the horses are properly cared for. He stated he would assume Chief Ringate will postpone the bum if a resolution has not been reached. Steve Frazier, 6125 Seamans Drive, provided the Council with some history relative to the purchase of the property which is now Freeman Park. He noted that despite many criticisms, it was a good opportunity to obtain park land for the City. Mr. Frazier stated he would like to see the Wagner property become a part of the City's park land and urged the Council to move forward on the purchase of this property if at all possible. Chris Lizee, 27055 Smithtown Road, questioned whether the City has submitted an application to the County for a Trail Permit and, if so, which uses have been applied for. She noted the deadline for the application to be September 15, 1998. Administrator Hurm stated notice of application has not yet been received from the County, therefore, an application has not been submitted. He noted the permit is generally issued October 15th of each year. Hurm explained the application is submitted by Staff and then placed on the Council agenda for approval. At that time, the Council may change the use which has been applied for as they deem appropriate. 5. DISCUSSION WITH REPRESENT A TIVE OF THE LAKE MINNETONKA COMMUNICA TIONS COMMISSION REGARDING CABLE FRANCHISE AGREEMENT Tim Patrin and Colleen Frisco, Representatives of the Lake Minnetonka Communications Commission, were in attendance. Mr. Patrin explained in detail the proposed Cable Franchise Agreement as well as the Commission's plans which are anticipated for the future. . . . CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 4 Mr. Patrin asked the Council to consider the Franchise Agreement and pointed out it is possible for Triax to sell their cable system to another cable operator and any subsequent operator would be bound by the Franchise Agreement. Mr. Patrin acknowledged the customer service of Triax to be poor and a number of problems have been encountered in which work has not been fully completed. He explained the LMCC was forced to draw on their Letter of Credit to resolve these issues of noncompliance. Despite these issues, Mr. Patrin pointed out there are a number of community benefits from the Franchise Agreement and he asked the Council to urge its representative to vote in favor of the agreement. It was noted Councilmember Garfunkel represents the City of Shorewood on this Commission. Councilmember Stover stated she appreciates the fact Mr. Patrin acknowledges the service of Triax is extremely poor. It was noted problems should be reported directly to the Lake Minnetonka Communications Commission. 6 . PARKS - Report by Representative Report on September 8, 1998 Park Commission Meeting Commissioner Colopoulos reported on the matters considered and the actions taken at the September 8, 1998, meeting of the Park Commission (as detailed in the minutes of that meeting). With respect to the issue of the permit for the regional trail, Hurm stated although a perrnit application has not yet been received from Hennepin County, the Council could make a motion directing staff to submit an application consistent with the application which was made in the prior year. Attorney Dean stated the various uses contained in the previous year's application would be included, however, the Council should, at its next meeting, deterrnine whether to change or reduce those proposed uses and notify the County of any changes which are made. Ms. Lizee questioned whether it would be proper for this matter to be considered since it was not a part of the noticed agenda for this meeting. Attorney Dean pointed out if the City is to submit an application, this needs to be done and what is proper is what is important for the City to do in order to submit an application in a timely fashion. Councilmember Stover stated she would prefer snowmobiling be removed from the list of permitted activities. Champa moved, O'Neill seconded authorizing staff to submit an application to Hennepin County consistent with the application which was submitted for the 1997 -98 season. Stover moved amending the motion to remove the words "and snowmobiling" from the permit application. Amendment failed 1/4. (Mayor Dahlberg; Councilmembers Champa, Garfunkel and O'Neill were the dissenting votes.) V ote on Motion: 4/1. (Councilmember Stover was the dissenting vote.) CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 5 . 7. PLANNING - Report by Representative Planning Commission Chair Borkon reported on the matters considered and the actions taken by the Planning Commission at their September 1, 1998, meeting (as detailed in the minutes of that meeting). A. A Motion to Adopt a Resolution Approving a Final Plat - Waters Edge Fifth Addition Applicant: Bill Blegen Location: Manor Road/Vine Street Planning Director Nielsen suggested withholding release of the resolution until all of the conditions have been met. Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-085, "A Resolution Approving a Final Plat - Waters Edge Fifth Addition for Bill Blegen, Manor Road/Vine Street, subject to the Planner's Recommendations." Motion passed 5/0. B. A Motion to Adopt a Resolution Establishing a Policy on Notification of Adult Use Establishments Councilmember O'Neill questioned the difference between a policy and an ordinance in this matter. Attorney Dean stated there is more flexibility in utilizing a policy and it would be easier to modify. . Councilmember O'Neill inquired whether there is a possibility the City would be forced to allow a facility which could normally have been denied without this policy because it was not consistent with the ordinance. Attorney Dean stated the City cannot abdicate its decision making responsibility for the desire of any group of residents, however, there is a requirement residents be notified and given an opportunity to give input. He did not feel this situation to be any different except there would not be a notification requirement of this sort for normal business licenses. Attorney Dean further stated that as long as the City Council makes its decision based upon requirements and standards which are contained in the ordinance, he did not feel it would harm the City to have provided the public with the type of notification contained in the policy. Mayor Dahlberg expressed his opinion there is always an official record as well as findings of fact which describe how the Council has applied the law in a particular situation despite any hearings which may have been held. He stated he would favor this notification policy based on his belief notification and public hearings are two separate issues. . Councilmember Stover felt a policy would be sufficient and did not feel a resolution to be necessary. Councilmember Garfunkel noted his agreement. Mayor Dahlberg recessed the meeting at 9:00 p.m. and reconvened at 9: 10 p.m. Councilmember Garfunkel felt rather than adopting an ordinance, it would be sufficient that a policy directive be given to staff to notify adjoining residents than an application for an adult use establishment is being considered. Councilmember Champa felt this to be the same as adopting the policy contained in the resolution. . . . CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 6 Counci1member O'Neill stated he is not opposed to letting people know an application has been made, however, he would not want to be in a position where the City would be forced to approve such a facility. In addition, he would not want any type of legal action to result because of this notification process. Garfunkel moved, Stover seconded notification of the public of the pendency 0 f matters serves a public purpose and staff should make sure the public is apprised of the pendency of applications under this section. Motion passed 5/0. C . A Motion to Adopt an Ordinance Establishing a Fee for Adult Use Establishment Applications O'Neill moved, Stover seconded adopting ORDINANCE NO. 340, "An Ordinance Establishing a Fee for Adult Use Establishment Applications." Motion passed 5/0. 8. CONSIDERATION OF A MOTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT FOR THE INTENDED USE OF PUBLIC RIGHT-OF-WAY Engineer Brown requested Council receive the presentation of this matter and then table further consideration of it until the next regular meeting of the Council since there are some minor issues remaining to be resolved. George Breckenridge and Kyle Heltemes, KMC Telecommunications, were in attendance and presented the Council with their request to hang fiber optic cable along Galpin Lake Road, Trunk Highway 7, Excelsior Boulevard and up to Vine Hill roadway for the purposes of telecommunications and data transmission. Brown pointed out the fiber optic cable would be installed on the existing overhead utility lines. Mr. Breckenridge explained he is requesting an encroachment agreement with the City. He noted he has obtained authorization from all of the necessary cities with the exception of Shorewood. He further explained he would like to have the work completed prior to the winter season. Mayor Dahlberg inquired whether there will be any overlapping. Mr. Breckenridge stated there will be absolutely no overlapping. KMC Telecommunications has no intention of becoming a cable provider or an internet service provider. His company will offer only telephone services to the business community. Mayor Dahlberg inquired whether someone conducting a home business could utilize this service and whether it would be affordable. Mr. Breckenridge stated this service would be appropriate for a home business and it is very affordable. Councilmember O'Neill questioned whether there is any down side to allowing the lines. Brown explained the only down side would be an aesthetic objection of an additional wire located with the overhead utilities. In addition, there will be a small reel which reduces some of the slack in the cable. Mayor Dahlberg asked what would happen in the event a highway is reconstructed and a decision made to underground all utilities. Mr. Breckenridge stated this is acceptable and understands his company would share in the cost with the other utilities to underground the lines with no cost to the City. CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 7 . Dahlberg moved, Stover seconded tabling consideration of a motion authorizing the Mayor and City Administrator to enter into an agreement for the intended use of public right-of-way with a consensus on the part of the Council to establish an agreement. Motion passed 5/0. 9. CONSIDERA TION OF A REQUEST TO AMEND TRANSIENT MERCHANT ORDINANCE Mayor Dahlberg explained the request of Our Savior Lutheran Church to sell Christmas trees in their parking lot. He inquired whether it would be appropriate to recuse himself from consideration of this matter given the fact his son attends this school. Attorney Dean stated this would not be necessary. Councilmember Champa questioned whether anyone wishing to sell Christmas trees would be allowed to do so. Mayor Dahlberg stated this would be considered on a case by case basis. Nielsen explained this action expands the current ordinance to include the sale of Christmas trees on church property as well as the definition of the classification of garage sales. Councilmember Champa stated he would not be opposed to the church selling Christmas trees, however, he would not want to preclude anyone else from selling trees as well. . Councilmember Stover pointed out that other organizations, such as youth organizations, set up tree sales in commercial parking lots. Nielsen explained in a commercial area, the displ.ay and sale of any merchandise requires a Conditional Use Permit. He explained no sales would be permitted other than door-to-door or garage sales in residential areas. Stover moved, Champa seconded adopting ORDINANCE NO. 341, "An Ordinance Amending the Transient Merchant Ordinance." Motion passed 5/0. 10. CONSIDERATION OF A MOTION TO ADOPTING THE SHOREWOOD KMERGENCY PREPAREDNESS HANDBOOK O'Neill moved, Garfunkel seconded adopting the Shorewood Emergency Preparedness Handbook. Motion passed 5/0. 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE 1999 PRELIMINARY BUDGET AND PROPOSED 1998 PROPERTY TAX LEVY Stover moved, Garfunkel seconded adopting RESOLUTION NO. 98-086, "A Resolution Approving the 1999 Preliminary Budget and Proposed 1998 Property Tax Levy." Motion passed 5/0. 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION EST ABLISHING A DATE AND TIME FOR THE TRUTH IN TAXATION PUBLIC HEARING . Dahlberg moved, O'Neill seconded adopting RESOLUTION NO. 98-087, "A Resolution Establishing December 7, 1998, at 7:30 p.m. for the Truth in Taxation Public Hearing with a continuation date of December 14, 1998, at 7:00 p.m." Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 8 . 13. ADMINISTRA TOR AND STAFF REPORTS A. Staff Report on Development Monitoring Nielsen reported the Gideon Woods Storm Sewer project has now been completed and the contractor has done a good job, particularly in staying away from the tree line which was to be preserved despite the close proximity to County Road 19. Brown noted his agreement with Nielsen and reported there is some minor clean up which remains to be completed. With respect to the Mary Lake Woods development, Brown reported trees were cut without tree protection fencing and the development was then shut down for approximately three days until such time as the fencing was installed and inspected. Contractors will be paving Strawberry Lane this week and cleaning up the area. Brown explained the contractor has been very attentive to vehicles and traffic in the area. Neighbors have also reported the contractors have been very polite and attentive to vehicles passing through the area. B . Status Report on Offer to Sell Land - 25720 Highway 7 . Hurm reported this issue has been to the Planning and Park Commissions as well as the Land Conservation Committee. He noted there are several issues which include the fact an appraisal needs to be obtained. The cost of an appraisal is estimated to be between $750 and $1,000. The appraisal could be completed in approximately three weeks. Hurm noted the intention would be to have an appraisal to determine the value of the property. Councilmember Stover did not feel an appraisal should be obtained at this time since a decision has not yet been made to purchase the property. She stated a determination needs to be made relative to how this property would be used if it were to be purchased. Councilmember Stover felt this would be an unnecessary expenditure of funds if it is not the intent of the City to purchase the property. Mayor Dahlberg felt it would be important to obtain an appraisal. Councilmember Champa did not feel an appraisal would determine at this point whether or not to go forward on this matter. Mayor Dahlberg pointed out if an appraisal came back indicating the asking price is excessively high, it would then be clear the City has no interest in pursuing this matter. He felt the appraisal could have a dramatic impact on whether or not the Council has any interest in purchasing this property. Councilmember Garfunkel noted his agreement with Councilmember Stover. Councilmember Stover stated she would like to obtain public input prior to spending any tax dollars on this matter. She did not feel an appraisal would differ significantly from the asking price for the property. Councilmember Stover pointed out the property owners have had an offer on the property and they would also have knowledge relative to the assessed value of the property. Councilmember O'Neill expressed his agreement with Councilmember Stover in not obtaining an appraisal at this time. In addition, he felt it to be too soon to hold a public hearing. Councilmember O'Neill felt options should be discussed and explored prior to this matter being presented to the public. . Councilmember O'Neill also stated prior to considering this matter, he would like a commitment that the property will be available for sale given the existing involvement of Eagle Crest Development. . . . CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 9 Hurm inquired whether the Council would be interested in holding a public information meeting in October so it could be noticed in the October newsletter. A work session was scheduled for September 28, 1998, with an alternate date of October 12, 1998. A public information meeting will be scheduled for October 19, 1998, during the regular City Council meeting. C. Request from Carmel RehneIt for a Group to Proceed Down Smithtown Road to the Regional Trail on October 3 Hurm explained a permit is not required for a group of people to walk down Smithtown Road to the Regional Trail, however, the Police Department will have officers present in the area. 14. MA YOR & CITY COUNCIL REPORTS Report on August 24, 1998 Work Session 1998 Preliminary Budget Mayor Dahlberg reported on the August 24, 1998, Council Work Session relative to the Preliminary Budget (as detailed in the minutes of that meeting). Councilmember Champa requested information regarding campaign signs, size and where they may be located relative to right-of-way as well as a clarification of what is considered to be right- of-way. Brown provided copies of the ordinance relating to campaign signs to the Council. Brown reviewed the ordinance and explained all candidates will receive a letter regarding the restrictions relative to the placement of signs. Mayor Dahlberg requested the candidates be informed MNDOT will remove any signs located along Highway 7. Brown will investigate whether the signs are recoverable. Councilmember O'Neill reported he attended the Deephaven City Council meeting with the City of Excelsior regarding the Fire Department, however, this issue has not yet been resolved. Mayor Dahlberg reported Mayor Finch was appointed to work on the employment contract for Bryan Litsey who will replace Police Chief Young upon his retirement. CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 10 . 15. ADJOURNMENT O'Neill moved, Garfunkel seconded adjourning the regular meeting to a Work Session at 10:33 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. T YOR . .