042699 CC Reg MinCITY OF SHOREWOOD CITY COUNCIL CHAMBERS
CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD
MONDAY, APRIL 26,1999 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:05 p.m.
A. Roll Call
Present: Mayor Love; Councilmembers Garfunkel, Stover, Lizee and Zerby; Administrator
Hurm; Planning Director Nielsen; Finance Director Rolek; City Engineer Brown
and City Attorney Keane.
B. Review Agenda
The agenda was accepted as amended: Remove item 3B from the Consent Agenda, and place as
item 4A.
2, APPROVAL OF MINUTES
A. Ci
ty ty Council Regular Meeting Minutes -April 12,1999
Zerby moved, Lizee seconded to approve the City Council Regular Meeting Minutes of
April 12, 1999, as amended: Page 4, Paragraph 3, "...community event and many people
from Shorewood would be involved." Page 7, Sentence 1, correct spelling: "Aerial." Page
7, Item 12, "Currently, there are approximately 28 volunteers responding..: ' Page 8,
Paragraph (check tape). Motion passed 510.
B. City Council Executive Session Minutes - April 21,1999
Lizee moved, Garfunkel seconded to approve the City Council Executive Session Minutes
of April 21,1999, as presented. Motion passed 510.
3. CONSENT AGENDA
Zerby moved, Stover seconded approving the Motions contained on the Consent Agenda as
presented, and Adopting the Resolutions therein:
A. A Motion to Adopt RESOLUTION #99-021, "A Resolution Regarding
County Road 19. "
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 26,1999 - PAGE 2
• REMOVED TO ITEM 4A
B. A Motion to Adopt a Resolution Approving a Settlement Agreement
C. A Motion to Adopt RESOLUTION #9902 -3 "A Resolution Approving a
Settlement Agreement with OSM per Recommendations."
D. A Motion to Adopt RESOLUTION #99-021 "A Resolution Authorizing
Advertisement for Bids for Joint Seal Coating Project."
E. A Motion to Approve a Sign Permit for 19285 State Highway 7
F. A Motion to Adopt RESOLUTION #99-025 "A Resolution Proclaiming
Arbor Day as Saturday, May 1,1999: '
Motion passed 510.
4A. CONSIDERATION OF A MOTION REGARDING A RESOLUTION
APPROVING A SETTLEMENT AGREEMENT
Councilmember Garfunkel requested an explanation of the agreement, which Attorney Keane
provided, stating this agreement covers non -sold parcels.
SGarfunkel moved, Stover seconded A Motion to Adopt RESOLUTION #99-022 "A
Resolution Approving a Settlement Agreement." Motion passed 510.
4B. MATTERS FROM THE FLOOR
Susan Voigt, 6170 Church Road, addressed the Council regarding the penalties on her sump
Pump. Ms. Voigt stated that she has requested the total amount due, and paid in full. She has
now received a statement showing a $600 balance.
Mayor Love asked if Ms. Voigt had discussed this problem with staff.
Ms. Voigt replied she had briefly discussed it with staff, but not yet to great length.
Administrator Hurm stated he will contact Ms. Voigt to discuss this issue.
Julie Scheurer, 26930 Edgewood Road, spoke as a representative of the residents of Edgewood
Road. She explained the residents had no idea their road was being considered for a trail and
presented a petition against adding a trail along Edgewood Road and neighboring streets.
Approximately 80% of the residents have signed the petition. Ms. Scheurer stated her intention
to continue to gather additional signatures and added that the Park Commission has not
responded to the concerns of the neighborhood. She stated they would like the City Council to
• respond.
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 26, 1999 - PAGE 3
• Mayor Love stated that the process at present is to find out where trails are wanted, and to date
exact locations have not been decided.
Councilmember Zerby, as liaison to the Park Commission, stated that the City does not want to
construct trails where they are not wanted. He explained this is the kind of feedback, whether
positive or negative, Park Commission is looking for.
5. PARKS - Report by Representative
A park representative was not in attendance. Councilmember Zerby reported that a second trail
walk had been held on Covington Road and surrounding streets, and people showed great interest
in having a trail. However, they were very specific about what kind of trail they want and this
information was noted by the Park Commission.
6. PLANNING - Report by Representative
Commissioner Turgeon reported on the Planning Commission meeting held on Apri120, 1999 as
reported in the minutes. Recommendations for the Eagle Crest project were presented, as well as
the split decision of the Planning Commission regarding the appeal to the Zoning
Administrator's interpretation of City fence regulations.
A. A Motion Directing Staff to Prepare a Resolution Regarding Development
1p Stage Plans for Shorewood Ponds - Aka. Eagle Crest
Applicant: Eagle Crest Northwest, Inc.
Location: Northwest quadrant of Eureka Road and Highway 7
Mayor Love began by asking if anyone was present to address the Council on this matter.
Hearing none, Mayor Love asked Planning Director Nielsen to summarize the recommendations
by staff and the Planning Commission.
Planning Director Nielsen summarized the recommendations and stated that Mr. Gleason, Eagle
Crest, is in attendance to answer questions.
Councilmember Lizee favored the staff recommendation of closing off Reutiman Lane to
vehicular traffic between the two parking lots, allowing only pedestrian traffic. The only change
this would involve is to add distance to be walked by coaches, players, and visitors. Planning
Director Nielsen stated the road would still be available for emergency vehicles.
Councilmember Lizee stated she would strongly prefer this road be gated, allowing only
emergency vehicle access. Councilmember Stover agreed with this opinion
Stover moved, Lizee seconded to approve a motion directing staff to prepare a Resolution
regarding Development Stage Plans for Shorewood Ponds - Aka. Eagle Crest, to include
• staff recommendations from and the Planning Commission. Motion passed 510.
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 26,1999 - PAGE 4
• B. Consideration of a Motion Regarding an Appeal to the Zoning
Administrator's Interpretation of City Fence Regulations
Appellant: Ron Smith
Location: 20445 Radisson Road
Planning Director Nielsen recapped the Ordinance requirements and the details of the fence
requested by Mr. Smith.
Mayor Love questioned the intent of the Ordinance.
Nielsen replied that the intent is to let light and air through the fence.
Councilmember Stover stated the origin of this intent was because people were complaining
about the ability to grow grass, flowers, and other vegetation in the shade of a completely solid
fence.
Ron Smith, 20445 Radisson Road, addressed the Council regarding the requested fence and
stated he believes that it does comply with the Ordinance.
Mr. Mark Lomry, representative of Ivy Crest and contractor for Mr. Smith, addressed the Council
and explained his calculations used to determine that this fence does comply with the Ordinance.
Councilmember Lizee questioned the feasibility of a `green fence' by planting 4' to 6' Colorado
Blue Spruce, or another fast growing, spreading tree or bush.
Mr. Smith answered that this has been considered and he would even prefer it but, for many
reasons, it was determined to be the wrong choice.
Councilmember Garfunkel asked Nielsen for his method in determining the fence does not
comply, which Nielsen supplied.
Councilmember Lizee questioned if the bottom of the fence could be raised off the ground to
compensate for the small gap.
Mr. Smith replied that the fence would need to be approximately 11/s feet off the ground, and that
would not be desirable.
Mr. Lomry addressed the Council regarding the ability of the fence to allow light and air to pass.
Also, planting a green fence was considered, spacing of plants would leave gaps, and people
could still pass through.
Mayor Love stated that he appreciates the seriousness of the situation, but compliance to the
Ordinance is what is in question rather than the specific needs in this situation.
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CITY COUNCIL REGULAR MEETING MINUTES
APRIL 26,1999 - PAGE 5
• Councilmember Stover stated her position that the intent of the Ordinance supports Planning
Director Nielsen's view.
Councilmember Garfunkel answered that residents should not be expected to interpret the intent
of an Ordinance, it should be quite clear and in this case it is not.
Attorney Keane agreed that this Ordinance is quite confusing in this respect.
Mayor Love agreed also that the wording is vague and, as a result, this specific case needs to be
dealt with at this time, then the Ordinance reworded. Mayor Love stated he agrees with the
original intent of the Ordinance, but wording should be more specific.
Mr. Smith pointed out that nobody can see the fence but the two neighbors who both want it.
Councilmember Stover stated she understands why the fence is wanted, but the intent of the
Ordinance seems clear.
Garfunkel moved, Zerby seconded to support the Appellant, Ron Smith, in his appeal of
the Zoning Administrator's interpretation of City fence regulations. Motion passed 3/1/1
(Stover opposed, Lizee abstain).
Stover moved, Lizee seconded to refer the Fence Ordinance to the Planning Commission to
clarify the language. Motion passed 5/0.
7. CONSIDERATION OF A MOTION TO ACCEPT A FEASIBILITY REPORT
FOR EXTENSION OF PUBLIC UTILITIES TO SHOREWOOD PONDS
Engineer Brown presented the feasibility report, summarized the contents, and requested the City
Council to specify which is the preferred plan to extend public utilities to Shorewood Ponds.
Mayor Love pointed out that if any option but #4 was considered, the neighborhoods would have
to be contacted. However, option #4 doesn't seem to make sense when looking into the future.
Councilmember Garfunkel asked what the timeframe is on this decision.
Engineer Brown stated the contractors will begin building in early summer and it would be best
to coincide this project with their project.
Mayor Love stated he would like to see more information and an up front discussion with the
neighborhood as soon as possible to gather as much input from affected residents. He suggested
an open house followed by a work session would be the best format to gather and discuss
information received.
Councilmember Garfunkel suggested the City Council have more information before discussing
this with the neighborhood so that some common questions can be answered beforehand.
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 26,1999 - PAGE 6
• Mayor Love directed staff to notify the residences in the neighborhood regarding an open house
on May 12, in addition to the open house regarding Noble Road. The Shorewood Ponds open
house will be from 4:30 p.m. to 6:45 p.m. and the Noble Road open house from 6:45 p.m. to 7:30
p.m. The open houses will be followed by a City Council meeting from 7:30 p.m. to 9:00 p.m.
8. CONSIDERATION OF A MOTION AUTHORIZING MAYOR AND CITY
ADMINISTRATOR TO ENTER INTO AN AGREEMENT FOR FINANCIAL
SERVICES
Administrator Hurm recapped the information on the Tax Increment Financing (TIF) and
whether it would be feasible. There being many different types of TIF Districts, staff requires
outside service to research the options if Council wishes to proceed. He estimated this service
from Springsted would cost approximately $5,000.
Councilmember Garfunkel asked if staff could question Springsted further before committing
funds for this research.
Consensus was reached that the City Council is not interested in a TIF district if income
restrictions are a necessity for one.
io Stover moved, Garfunkel seconded to direct staff to contact Springsted to find out if it is
possible for the City of Shorewood to qualify for a TIF district with regard to extending
public improvements to this project and report back to the City Council, with a cost cap of
$1,000 in charges. Motion passed 510.
9. CONSIDERATION OF A MOTION AUTHORIZING AMERICAN PORTABLE
TELECOM (AERIAL) TO APPLY FOR A CONDITIONAL USE PERMIT USING
THE WEST END WATER TOWER FOR COMMUNICATIONS EQUIPMENT
Planning Director Nielsen reported on a request from American Portable Telecom (APT) for a
Conditional Use Permit to locate communication antennas and facilities at the westerly water
tower at Minnewashta School. The Ordinance allows this use by Conditional Use Permit.
Attorney Keane pointed out that, at this point, the City is not giving up any negotiating power as
this motion is only to allow APT to apply for a permit. Also, denying authorization to apply
would not be a defensible position at this point.
Councilmember Garfunkel questioned what happens if the City Council denies authorization to
apply.
Planning Director Nielsen compared this step to getting a private property owner's permission to
apply for a permit to put equipment on their land. In this case, the "property owner" is the City,
which is why it seems to be an extra step.
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CITY COUNCIL REGULAR MEETING MINUTES
APRIL 26,1999 - PAGE 7
• Garfunkel moved, Stover seconded to authorize American Portable Telecom (Aerial) to
apply for a Conditional Use Permit using the west end water tower for communications
equipment. Motion passed 510.
10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REGARDING
A FEASIBILITY REPORT - NOBLE ROAD & ESTABLISH PUBLIC
INFORMATION MEETING
Engineer Brown noted that the Capital Improvement Plan for 1999 calls for the reconstruction of
the older portion of Noble Road. The roadway is in need of reconstruction and the proposal is to
match the section very closely to what is there, and match identically to the newer portion of
Noble Road. Ten homes will be directly affected, and these homes would be sent information on
the open house scheduled for May 12. He reported the cost came in below what was estimated in
the Capital Improvement Program.
Councilmember Zerby questioned whether this project was looked at in conjunction with adding
water or other public utilities to defray the cost of doing these at separate times.
Engineer Brown stated that, at this time, it is not financially sound to try to combine the two, as
the road is in need of repair and the public utilities will not be added for quite some time,
possibly the next time the road is in need of repair.
Councilmember Garfunkel asked about curb and gutter, which does not exist on the newer
portion of Noble Road.
Engineer Brown stated that it would be added to the reconstructed portion, because the intent is
to match the newer portion of Noble Road.
Zerby moved, Lizee seconded to adopt RESOLUTION #99-026, " A Resolution Regarding
a Feasibility Report - Noble Road & Establish Public Information Meeting." Motion
passed 510.
11. DISCUSSION ON COMPREHENSIVE PLAN
A. Transportation Chapter
B. Community Facilities Chapter
Planning Director Nielsen stated that the Park Commission has not reviewed the Community
Facilities chapter as yet, and will be doing so at their next meeting. Some comments were
received on the Transportation chapter from Councilmember Lizee which have been forwarded
to the Planning Commission. Nielsen stated if anyone else would like to offer their thoughts
regarding that chapter, it may help provide general direction to the Planning Commission for
changes.
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CITY COUNCIL REGULAR MEETING MINUTES
APRIL 26,1999 - PAGE 8
• Councilmember Lizee mentioned that the Planning Commission needs input from the other
Councilmembers. She noted the more input they have from the City Council in regard to
direction, the better job they can do in updating the Comprehensive Plan.
Mayor Love asked if there was a more effective way to discuss these issues, as opposed to
sentence by sentence, and word by word. He stated intent should be more the focus of the City
Council, and the sentence structure should be more the Planning Commission and Park
Commission domain. He stated a work session may be a better format for these discussions, as
more staff input can be considered and discussion would be more open.
Councilmember Lizee asked if each Councilmember should bring their prepared comments to
that session to facilitate discussion.
Mayor Love stated that would be the best way to continue.
Planning Director Nielsen stated that without knowing what issues the City Council has,
direction cannot be followed by the Planning Commission.
Planning Director Nielsen asked for input on each point. Discussion was taken note of by
Nielsen in order to pass on comments to the Park and Planning Commissions for review. Curb
and gutter, trail plans, and other areas were discussed, at which time a study session was
scheduled for May 3, 1999 immediately following the Reconvened Board of Review meeting, to
continue the discussion.
C. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
REQUESTING EXTENSION FOR SUBMITTAL OF COMPREHENSIVE
PLAN
Nielsen recapped the extension requested at the last meeting for an additional 90 days.
Lizee moved, Stover seconded to Adopt RESOLUTION #99-027, "A Resolution Requesting
Extension for Submittal of Comprehensive Plan for an Additional 90 days." Motion passed
510.
12. DISCUSSION ON ESTABLISHMENT OF AN ENVIRONMENT AND LAND
CONSERVATION COMMITTEE
Administrator Hurm presented a draft Ordinance for establishing an Environment and Land
Conservation Committee. Hurm asked for input from the City Council for changes to the draft,
key issues to be considered, and took note of all changes indicated.
Mayor Love directed staff to present a final draft, including changes discussed, for a final vote at
the next City Council meeting.
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CITY COUNCIL REGULAR MEETING MINUTES
APRIL 26,1999 - PAGE 9
• 13. CONSIDERATION OF A REQUEST TO CHANGE CITY HALL OPEN HOURS
TO 8:00 A.M. - 4:30 P.M.
Administrator Hurm presented information regarding the open hours of Shorewood City Hall as
opposed to the other cities in the area. Staff in general feels there are more people who come to
the door between 8:00 a.m. to 8:30 a.m. than from 4:30 p.m. to 5:00 p.m. These new hours
would take effect after Memorial Day.
Councilmember Garfunkel suggested staggering front desk employees so the City Hall can be
open from 8:00 a.m. to 5:00 p.m.
Administrator Hurm stated this has been considered but matching the surrounding cities seems to
be better, as people do get used to the common hours.
Councilmember Zerby questioned Saturday hours.
Mayor Love asked if this would be necessary, as the Internet is now available to provide
applications and information, rather than extending the hours. He noted the general intent is to
provide better service, and other ways could possibly be looked into.
Stover moved, Lizee seconded authorizing the changing of City Hall hours after Memorial
1P Day, to 8:00 a.m. to 4:30 p.m. Motion passed 510.
14. ADMINISTRATOR AND STAFF REPORTS
Nielsen provided updates on some of the zoning and nuisance violations that have been presented
to the City Council in the past few weeks. He noted there is very little activity right now as far as
construction but, at this time of year, the number of construction permits will begin to escalate.
15. MAYOR & CITY COUNCIL REPORTS
A. Report on the Fire Department Review Committee Meeting Held on April 27,
1999
Mayor Love stated that soon, Shorewood may be looking at more of a joint powers agreement for
fire protection. This has not been stated, or acted upon, but seems to be the general direction of
the committee.
B. Report on Fourth of July Committee Meeting
Councilmember Zerby stated that this meeting is scheduled for next week.
Councilmember Zerby pointed out that there has not been any Shoreline messages included in the
packets and newsletters lately, and asked if there had not been any calls.
•
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 26,1999 - PAGE 10
Administrator Hurm stated that usually calls are received right after the newsletters go out, and
all the communications go in the communications folder presented to Council for review.
Councilmember Zerby requested that he receive his own copy of the communications packet,
rather than studying the packet at the meeting.
Mayor Love stated he would like to receive these via E-mail for review, as well as other
information to cut down on the amount of paper. Mayor Love volunteered to be the
"experimental' person to electronically receive most of his information.
Councilmember Stover commented that the new signs Deephaven has erected are in Shorewood.
Staff was asked to double check the lines, and notify Deephaven if this is correct.
16. ADJOURN SUBJECT TO APPROVAL OF CLAIMS
Lizee moved, Zerby seconded to adjourn at 11:30 p.m. subject to approval of claims.
Motion passed 510.
RESPECTFULLY SUBMITTED.
Kristine Kitzman, Recording Secretary
Timesaver Off -Site Secretarial, Inc.
ATTEST:
WOODY LOVE, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
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