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032299 CC Reg MinCITY OF SHOREWOOD CITY COUNCIL CHAMBERS CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD MONDAY, MARCH 22,1999 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 p.m. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee and Zerby; Administrator Jim Hurm; Planning Director Brad Nielsen; City Engineer Larry Brown; and City Attorney Tim Keane. Absent: Councilmember Stover. B. Review Agenda The agenda was accepted as amended: Move Item 3B from the Consent Agenda to 6A, add item 15A, "Endorsing A Candidate For Appointment To The Minnehaha Creek Watershed District," • and add item 16A, executive session to discuss litigation matters. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes - March 8,1999 Lizee moved, Zerby seconded to approve the City Council Executive Session Minutes of March 8,1999, as amended, noting Councilmember Zerby was absent. Motion passed 4/0. B. City Council Regular Meeting Minutes - March 8,1999 Garfunkel moved, Lizee seconded to approve the City Council Regular Meeting Minutes of March 8,1999, as presented. Motion passed 4/0. 3. CONSENT AGENDA Garfunkel moved, Lizee seconded approving the Motions contained on the Consent Agenda as presented, and Adopting the Resolutions therein: A. A Motion to Adopt RESOLUTION #99-016 "A Resolution Approving a Temporary Gambling License - Sons of the American Legion, 24450 Smithtown Road." r� CITY -COUNCIL REGULAR MEETING MINUTES MARCH 22,1999 - PAGE 2 0 MOVED TO AGENDA ITEM 6A: B. A Motion to Adopt A Resolution Making Appointments to the Shorewood Park Foundation. - Discussed as Item #6A below. C. A Motion to Approve an Extension of Deadline for Compliance With a Code Violation Notice Appellant: Andrea Oien and Harold Rochat Location: 4680 Fatima Place Motion passed 4/0. 4. MATTERS FROM THE FLOOR Linda Murell, Executive Director of the Excelsior Chamber of Commerce, requested assistance for the 4th of July celebration. Ms. Murell asked for a representative of the City of Shorewood for a Planning Committee for the event. Ms. Murell also requested funding to defray costs of safety issues and refuse issues. Ms. Murell stressed that any funding granted would not be put toward fireworks. Mayor Love stated that this request would be put on the agenda for the next City Council meeting. 5. PRESENTATION OF PRE -BOARD OF REVIEW REPORT BY CITY ASSESSOR TOM CARROLL City & County Assessors Tom Carroll, Jeff Olsesen and Keith Rennerfeldt were present. City Assessor Tom Carroll presented the assessment plan for the City of Shorewood. He explained the first step was to reevaluate a portion of the City, then reevaluate homes that have been sold or had building permits issued. Keith Rennerfeldt, Hennepin County Assessor, presented a report that included various comparisons and information regarding many different cities in Hennepin County, for comparison purposes. 6. PARKS - Report by Representative Commissioner Arnst reported on the March 9th Park Commission meeting as reported in the minutes, highlighting comments regarding the Trail Plan and some problems at Freeman Park. 6A. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE SHOREWOOD PARK FOUNDATION • CITY COUNCIL REGULAR MEETING MINUTES MARCH 22,1999 - PAGE 3 • Councilmember Lizee questioned if the role of the Shorewood Park Foundation needs to be redefined by the City Council. Commissioner Arnst stated that having the Council work with the Park Commission should provide enough direction. Councilmember Garfunkel asked if this position was advertised to see if more citizens are interested in applying for the position. Mayor Love agreed that when positions such as this become vacant were open, they should be advertised. Mayor Love then appointed Councilmember Zerby as liaison to the Park Foundation Commission. 7. PLANNING - Report by Representative Commissioner Collins reported on the L-R District Open House and the Planning Commission meeting of March 16 as reported in the minutes, highlighting discussion on the Comprehensive Plan and Senior Housing. 8. PRESENTATION BY KATHY TIMBERG ON THE MINNEWASHTA SCHOOL WETLAND PROJECT & REQUEST FOR FUNDS • Kathy Timberg presented the Wetlands Watch Program undertaken by the Minnewashta 5th Grade, including the goals of the program and the process taken by the students to test and record the quality of various wetlands. She advised that transportation funds are still needed to get students to the sites. Six field trips are needed at approximately $65.00 per trip so the total transportation funding needed was $390.00. Councilmember Lizee suggested splitting this funding with Tonka Bay, as some of the testing sites are located there, as well as in Shorewood. Councilmember Garfunkel asked if the parents could pay a fee for the students to participate in these field trips. Mayor Love indicated he believed the community would receive a lot of information from this project and expressed enthusiasm for the requested funding. However, he agreed staff could look into some other funding sources for the future. Councilmember Zerby asked if the City can give gifts such as this. Attorney Keane stated that this would be looked at as environmental education, and a grant would be appropriate. 0 Mayor Love suggested matching grants from other cities that are affected. CITY COUNCIL REGULAR MEETING MINUTES MARCH 22,1999 - PAGE 4 • Councilmember Garfunkel stated he does not feel that the City should fund the school district. He indicated that funding from the parents would be more appropriate. Lizee moved, Zerby seconded a motion to grant funding of $100.00 to the Wetlands Watch Program, if funding is matched from Tonka Bay and Chanhassen. Motion passed 311 (Garfunkel opposed). 9. CONSIDERATION OF A REQUEST TO DONATE WATER ASSESSMENT TO MN LAND TRUST Administrator Hurm reported that the previous owner of the Eureka Road Reserve had owed $4,400.00 for a water assessment, which was paid to the City upon sale of the property to the Eureka Road Homeowner's Association. Minnesota Land Trust is requesting the City contribute to a stewardship fund which is used to monitor properties set aside through this means. The suggested contribution is the amount of the water assessment paid to the City. City Attorney Keane advised it is not appropriate to use funds that are set aside for water debt service to be used for other purposes. Staff was directed to notify both the homeowner's association and the Minnesota Land Trust of this discussion. tNo motion was made. 10. DISCUSSION ON EMERGENCY PREPAREDNESS POLICY Police Chief Litsey reviewed the Disaster Preparedness Policy. Handbooks were presented for each Councilmember regarding emergency procedures. Administrator Hurm stressed the importance of knowing ahead of time how to handle an emergency and the importance of keeping any personal information up-to-date. Hurm then reviewed the handbook and answered questions from Councilmembers. Engineer Brown reported on the arrangement between Shorewood and Hennepin County to handle emergency power outages and other emergencies. Councilmember Zerby suggested holding a simulated emergency situation to help understand the process. Councilmember Garfunkel questioned the ramifications of declaring an emergency. Attorney Keane indicated he will provide a memo explaining the process and the criteria for declaring a state of emergency. 0 CITY COUNCIL REGULAR MEETING MINUTES MARCH 22,1999 - PAGE 5 • Garfunkel moved, Lizee seconded to accept the Emergency Preparedness Policy Handbook. Motion passed 4/0. 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION SUPPORTING REPEAL OF THE STATE SALES TAX FOR LOCAL GOVERNMENT PURCHASES Garfunkel moved, Lizee seconded to adopt RESOLUTION 99-017 "A Resolution Supporting Repeal of the State Sales Tax for Local Government Purchases." Motion passed 4/0. 12. CONSIDERATION OF A REQUEST FOR ADDITIONAL TIME TO COMPLY WITH A ZONING VIOLATION NOTICE Appellant: Steve Melco Location: 5770 Smithtown Circle Planning Director Nielsen reported on the zoning violation, stating that Mr. Melco had a tree service business from his home. Mr. Melco had applied for a Conditional Use Permit to run this business and was requesting an indication so he knew if the Conditional Use Permit was likely to pass before he spent the time and money to pursue this course of action. Nielsen advised that the violation came to the attention of the City due to resident complaint. . Mr. Melco indicated that he would comply with whatever conditions the Conditional Use Permit indicates. Mayor Love voiced concern about this type of business in a residential area since a tree service sometimes requires large equipment. Councilmember Garfunkel stated that visibility was the issue since the company was only based at this location and not working from there. He suggested that this issue be addressed on the Conditional Use Permit. Planning Director Nielsen stated that in the past no equipment has been permitted. At this point, the Council needs to identify the issues and indicate to Mr. Melco whether or not to continue with the Conditional Use Permit process. Mr. Melco then questioned where the complaint came from. Planning Director Nielsen answered that legally the identity is confidential. Mayor Love agreed with Councilmember Garfunkel that the issue was not one of running a business out of a home, but the visibility of the equipment. Councilmember Zerby stated that if Mr. Melco can comply with the Zoning Code, he sees no reason why a Conditional Use Permit would not be granted. r CITY COUNCIL REGULAR MEETING MINUTES MARCH 22,1999 - PAGE 6 • Zerby moved, Garfunkel seconded a motion to grant an extension until May 14, 1999 for Mr. Melco to complete the process of obtaining a Conditional Use Permit, or to comply with current zoning. Motion passed 4/0. 13. CONSIDERATION OF FUTURE OF LAND CONSERVATION RECOMMENDATIONS Administrator Hurm gave a presentation on the Land Conservation Action Plan. Mr. Svoboda then addressed the Council and asked for direction on the forming of a Land Conservation Committee. Planning Director Nielsen emphasized the importance of advertising and publicity to make the citizens aware of the conservation issues facing Shorewood. Administrator Hurm suggested that Councilmembers contact councilmembers from other cities who have a Land Conservation Committee to request additional information. Councilmember Garfunkel stated that the draft ordinance was quite open ended, and indicated he would like to see more concrete, measurable goals laid out. • Mayor Love suggested directing staff to draft specific objectives and direction for the Land Conservation Committee which the Council can vote on at that time. 14. DISCUSSION ON COMPREHENSIVE PLAN A. Transportation Chapter B. Community Facilities Chapter Planning Director Nielsen explained that discussion of the Comprehensive Plan Transportation and Community Facilities chapters was tabled from the last meeting. Both of the chapters have been referred to the Park Commission, who will discuss it at their next meeting. He noted the MSA section in the Transportation chapter still needs to be rewritten, and the `water' section in the Community Facilities chapter also needs to be rewritten. The current policy for City water will be written down, and then studied. Nielsen asked for written comments on these two chapters which will be forwarded to the Park Commission and the Planning Commission. Councilmember Zerby suggested this be considered at work session rather than a meeting, to facilitate more in-depth discussion. Mayor Love indicated he would still like to submit written comments to Nielsen to summarize, which would then pinpoint areas of concern. It was noted that the work session was scheduled for next Monday, March 29, 1999, at 7:00 p.m. 41 CITY COUNCIL REGULAR MEETING MINUTES MARCH 22,1999 - PAGE 7 • 15. ADMINISTRATOR & STAFF REPORTS Administrator Hurm reported on the Community Development Block Grant Program, which was a federal program in which Shorewood had received funding. However, there was now a "Hennepin County Pool" which made the program very competitive, rather than having funds dedicated to specific communities. Planning Director Nielsen reported on the L-R District Open House. He advised that a public hearing was scheduled in May regarding the updates. A public hearing for Eagle Crest was scheduled in April. He noted the Park Commission is meeting the next evening regarding the Comprehensive Plan sections, as it pertains to trails. Also, the Gideon's Woods billboard issue had been sent back to the City to determine a civil, or criminal suit. Nielsen advised that the County Road 19 property grant application had been submitted. 15A. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ENDORSING A CANDIDATE FOR APPOINTMENT TO THE MINNEHAHA CREEK WATERSHED DISTRICT Lizee moved, Zerby seconded a motion adopting RESOLUTION NO. 99-018, "A Resolution Endorsing Scott Thomas as a Candidate for Appointment to the Minnehaha Creek Watershed District." Motion passed 4/0. 0 16. MAYOR & CITY COUNCIL REPORTS Mayor Love reported that there was more discussion on the ambulance and emergency response at the Fire Department Review Committee meeting of March 9, 1999, and another meeting was scheduled for March 23. 9 CITY COUNCIL REGULAR MEETING MINUTES MARCH 22,1999 - PAGE 8 • 17. ADJOURN Garfunkel moved, Lizee seconded to adjourn at 10:30 p.m. to an Executive Session. Motion passed 4/0. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off -Site Secretarial, Inc. '1 ATTEST: WOODY LOVE, MAYOR s 1A C. . JAM S C. HURM, CITY ADMINISTRATOR P�