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082399 CC Reg Minr CITY OF SHOREWOOD . CITY COUNCIL MEETING TUESDAY, AUGUST 23,1999 MINUTES 1. CONVENE CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Acting Mayor Stover called the meeting to order at 7:00 p.m. A. Roll Call Present: Acting Mayor Stover, Councilmembers Garfunkel and Lizee; Administrator Hurm; City Attorney Keane; Finance Director Alan Rolek; Director of Public Works Larry Brown; and Planning Director Brad Nielsen Absent: Mayor Love and Councilmember Zerby B. Review Agenda Acting Mayor Stover reviewed the Agenda for August 23, 1999. Garfunkel moved, Lizee seconded a motion to approve the agenda as amended: Item 3A will be discussed as Item 8E and Item 6A will be discussed as Item 8F. Motion passed 3-0. C. Presentation of Appreciation to Chuck Cochran • 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes August 9,1999 Lizee moved, Garfunkel seconded approving the City Council Regular Meeting Minutes of August 9,1999 as amended: Page 2, Matters from the Floor: His daughter and her children are living on the other side of the building. Motion passed 3-0. B. City Council Executive Session Minutes August 16,1999 Garfunkel moved, Lizee seconded approving the City Council Executive Session Meeting Minutes of August 16,1999 as amended: Councilmember Stover was absent. Motion passed 2-0-1. Stover abstained from voting. 3. CONSENT AGENDA Lizee moved, Garfunkel seconded approving the Motion contained on the Consent Agenda and Adopting the Resolution therein as amended: A. DISCUSSED AS ITEM 8E - A Motion to Adopt a Resolution Approving a Conditional Use Permit for Installation of PCS Antennas. Removed from the agenda. Applicant: APT Minneapolis, Inc. (Aerial Communication) Location: 26352 Smithtown Road (Water Tower at Minnewashta School) CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23,1999 - PAGE 2 B. A Motion to Establish Fall Clean-up Date as Saturday, October 30,1999 C. A Motion to Approve a Block Party Request for Brynmawr Place to be Held Sunday, September 19 from 3:00 to 6:00 p.m. D. A Motion to Adopt Resolution 99-063 Providing for Delinquent Utility Charges to be Levied E. A Motion Authorizing the Hiring of an Assistant Liquor Operations Manager F. A Motion to Adopt Resolution 99-064 Establishing Pay Ranges for Shorewood Liquor Operations G. A Motion to Approve Request by Terry Dahlstrom to Plant Trees on Public Property H. A Motion to Adopt Resolution 99-065 Authorizing Advertisement for Bids for a Dump Truck Motion passed 3-0. 4. MATTERS FROM THE FLOOR • None 5. PARKS REPORTS A. Report on Park Commission Meeting Held August 10,1999. Commissioner Pat Arnst reported on the meeting held August 10. She explained improvements on Field #2 in Freeman Park were discussed in several phases. Phase 3 for expansion of the concession stand was not discussed. The Park Commission CIP includes budgeting to install netting on the field. The Commission would like it to be earmarked for this use and not another use. The balance of the meeting was discussion of the 2000 budget, CIP, and other funding sources. The Park Commission is very intent on seeking other funding sources especially for the trail system. They are also going to discuss tournament parking fees, generating income from the concession stand, and fees generated from teams. A joint meeting with the Park Foundation will be held in early September. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23,1999 - PAGE 3 • B. Consideration of Approving South Tonka Baseball's Proposed Improvements to Field #2 in Freeman Park Brian Tische, President of South Tonka Baseball, discussed recent efforts to improve the fields in Freeman Park. They would like to improve Field #2 next. The phased approach was based upon things that needed to be done to make it a full sized baseball field. He discussed the Phase 2 plans that would include limiting the foul ball problem behind the backstop, installation of bleachers behind home plate, and installation of batting cages on the right field size of Field #2. It is anticipated the work would be completed at the start of the next season. Councilmember Lizee asked if the $4,500 would be used for the poles and netting and if it would be installed soon. Engineer Brown stated if it is approved, the materials would be ordered immediately. Councilmember Lizee asked who would be the owner of the equipment. Tische stated ownership would be the City of Shorewood. Councilmember Garfunkel asked if staff had any concerns. Engineer Brown stated the installation of watermain in the vicinity would cause the need for coordination between the two groups. • Acting Mayor Stover asked if the poles and netting would be installed by the City. Engineer Brown stated the City would be installing the poles and netting. Acting Mayor Stover stated she would like to see a separation of jobs so the funding is clear. Engineer Brown stated the $4,500 would be used for screening and nothing else. Councilmember Lizee stated she has some concerns about sports organizations being accountable to the City. She noted $12,000 was budgeted to be collected from sports organizations, and only a little over half was collected. She was concerned about the percentage. City Administrator Hurm stated the letters don't go out until fall, but this could be moved up earlier. Councilmember Lizee stated there seems to be a genuine concern for the long term vision for the parks. She was concerned about a vision being established for the long term. City Administrator Hurm stated the Park Commission has stayed with what has been planned for the vision of the parks in the master plan. The details have changed, but the overall vision has been consistent. Park Commissioner Amst stated they do have a concern about where to go with the parks, but it will be discussed in more detail at the meeting on August 24. CJ CITY COUNCIL REGULAR MEETING MINUTES • AUGUST 23,1999 - PAGE 4 Garfunkel moved, Lizee seconded accepting the Phase 1 and Phase 2 improvements with the understanding the $4,500 will be earmarked for netting and poles, and the work done by the City. Motion passed 3-0. 6. PLANNING REPORTS Planning Director Nielsen reported on the recent Planning Commission Study Session and continued work on the Comprehensive Plan. He stated Items 6B - 6E were all recommended for approval. A. Removed to Item 8F on the agenda. A Motion to Adopt an Ordinance Amending the L-R, Lakeshore Recreational District Section of the Shorewood Zoning Ordinance B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Multi -Purpose Building at Freeman Park Applicant: City of Shorewood Location: 25800 Highway 7 Planning Director Nielsen stated the Planning Commission voted to recommend approval of this conditional use permit for a multi -purpose building at Freeman Park. Councilmember Garfunkel stated there is no downside on this proposal, and it will be a great • amenity for the park. Lizee moved, Garfunkel seconded to direct staff to prepare Findings of Fact approving a conditional use permit for multi -purpose building at Freeman Park. Motion carried 3-0. C. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Accessory Building Applicant: Excelsior Covenant Church Location: 19555 Excelsior Blvd. Planning Director Nielsen stated the church would like to construct a two car garage to house the church van. The building will be tucked into a wooded area. The only additional condition was to conserve two large trees in the area. The Planning Commission recommended approval on a 6-0 vote. Councilmember Lizee asked if the existing shed would remain on the site to store things. She asked if the intent is to address the storage of gasoline -powered equipment. Planning Director Nielsen stated there wasn't any specific mention of that in the motion. Greg Lindberg, 17710 2nd Avenue North, Plymouth, stated the proposal will be helpful for the church. Garfunkel moved, Lizee seconded to direct staff to prepare Findings of Fact approving a conditional use permit for accessory building. Motion carried 3-0. 0 CITY COUNCIL REGULAR MEETING MINUTES • AUGUST 23,1999 - PAGE 5 D. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Accessory Space Over 1,200 Square Feet Applicant: William Dickson Location: 26245 Birch Bluff Road Planning Director Nielsen stated Mr. Dickson would like to construct an accessory building over 1,200 square feet. There is an existing driveway cut into an embankment. He would like to move the driveway to the north. The Planning Commission discussed the proximity to the road. They voted to recommend approval 6-0. Acting Mayor Stover stated this is going to be a tree preservation nightmare, but she stated it appears the current driveway cut is more desirable where it is now. Engineer Brown stated the proposed cut would improve sight distances based on setback restrictions. William Dickson stated the garage would only be used for storage. Councilmember Lizee asked if the current location is within the forty foot setback. Planning Director Nielsen stated it is. Councilmember Lizee was concerned about a new resident using the new space for an additional • garage. She stated it is hard for her to see the change. Mr. Dickson stated the same number of trees would have to be removed no matter where the driveway cut would be. Councilmember Lizee asked if a variance would be needed if it remained where it is now. Planning Director Nielsen stated if the driveway were moved, a variance would not be required. If the garage were put at the end of the existing cut, a variance would be needed. Councilmembers discussed possible locations for the accessory building on the site. Councilmember Garfunkel asked how far the existing cut would be from the proposed cut. Planning Director Nielsen noted it would be approximately ten feet. He stated what is proposed would go straight east/west out from the building. Councilmember Garfunkel asked how long the driveway would be. Planning Director Nielsen believed it would be approximately forty feet. He stated it could be accomplished without a variance and still meet setback requirements. Acting Mayor Stover asked the applicant if there was a specific reason why the driveway was moved. 0 CITY COUNCIL REGULAR MEETING MINUTES • AUGUST 23,1999 - PAGE 6 Mr. Dickson stated it was to meet setbacks. He stated there were also some trees near the existing driveway that he wanted to keep. Moving the driveway would take out the least number of trees. Councilmember Garfunkel was concerned about backing the boat out. Councilmember Lizee stated the current driveway has better visibility, because it is straighter than the proposed driveway. She would like to see if something could be worked out using the current driveway and less tree removal. Mr. Dickson stated it would be cheaper, but he was concerned about the property line issues and tree removal. Acting Mayor Stover asked if Mr. Dickson would be interested in exploring options. Planning Director Nielsen stated this could be reviewed prior to the next meeting in order to explore other options. Lizee moved, Garfunkel seconded to continue this item to the September 13, 1999 meeting. Motion carried 3-0. E. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit and Setback Variance for a Substandard Shoreland District Lot Applicant: Patrick & Victoria McConnell • Location: 4300 Enchanted Drive Planning Director Nielsen stated this property was a subject of a conditional use permit and setback variance going back to 1995. He stated if the lot meets 70% of the zoning requirements, it is a buildable lot, according to the zoning ordinance. The current lot has an old tennis court on it and exists as a separate lot of record. The McConnells have hired an architect to design a home that would fit the difficult lot. It is also an oddly shaped lot. There is also a cluster of large oak trees on the south edge of the property which the Planning Commission and adjoining residents would like to keep. He stated the setback variance is needed because of the trees. The Planning Commission voted 6-0 to recommend approval of the conditional use permit and setback variance with conditions. The applicant has agreed to comply with all conditions for approval. Keith Waters and Associates representative stated he believed the house would be a definite addition to the area. Councilmember Lizee stated it is a definite improvement over the previous plan and is very sensitive to the neighbors. She stated the City can provide information on lakeshore plantings. Lizee moved, Garfunkel seconded to direct staff to prepare Findings of Fact approving the request regarding a conditional use permit and setback variance for a substandard shoreland district lot. Motion carried 3-0. CJ • CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23,1999 - PAGE 7 7. GENERAL A. A Motion to Adopt a Resolution of Commendation for Lieutenant Dennis Siegfried Councilmember Garfunkel stated a retirement dinner would be held on August 24, 1999 to honor Lieutenant Siegfried. He will present the resolution. City Administrator Hurm read the resolution commending Lieutenant Siegfried and his years of service to the Lake Minnetonka area. Garfunkel moved, Lizee seconded to adopt RESOLUTION 99-066, "A Commendation For Lieutenant Dennis Siegfried." Motion carried 3-0. B. Consideration of a Motion to Approve South Lake Minnetonka Public Safety Department Budget Request for Year 2000 Councilmember Lizee stated she was able to meet with Chief Litsey, and her questions have been answered. Garfunkel moved, Lizee seconded to approve South Lake Minnetonka Public Safety Department budget request for 2000. Motion carried 3-0. C. Consideration of an Ordinance Amending Chapter 302 - Sale of Tobacco & 1301 - Establishing Fees/Resolution Authorizing Summary Ordinance Publication City Attorney Keane stated the proposed ordinance is coming forward in light of the recent amendments to the statutory framework of tobacco legislation. It also reflects a departure from historical handling of the licensing by municipalities rather than the county. He stated the City has historically handled tobacco compliance, and issuance of licenses should be a routine administrative matter. Lowell Day, representing American Legion, stated they are the only cigarette vending machine owner in Shorewood. They don't have a problem with the licensing fee. He was concerned about being able to keep the vending machine but suggested alternatives to prohibit minors from using the machine. Acting Mayor Stover asked if the vending machine is located within view of the bartender. Mr. Day stated it is not. Acting Mayor Stover asked if the current machine is token ready. Mr. Day stated it is not, but they could work it out with their vendor. Councilmembers discussed the use of tokens in the vending machine and the possible change of the definition in the current ordinance. City Attorney Keane stated vending machines are not permitted is in locations where minors are allowed under the current ordinance. CITY COUNCIL REGULAR MEETING MINUTES • AUGUST 23,1999 - PAGE 8 Acting Mayor Stover asked Keane to check into changing the current ordinance to allow the use of ZD tokens and/or a remote switch. Acting Mayor Stover discussed the age of clerks selling cigarettes. Councilmember Garfunkel stated the issue is getting staff who are under eighteen given the job market. Acting Mayor Stover asked if there has been any input from retailers in Shorewood. Administrator Hurm stated there has not. He stated they received a copy of the ordinance. He stated specific questions could be asked to gather additional input. Acting Mayor Stover discussed where a hearing should be held in the case of a suspected violation. It was discussed and determined it would remain as it currently reads. Councilmembers discussed subdivision 3 under penalties. Councilmember Garfunkel stated he was comfortable with the tobacco free educational piece. Acting Mayor Stover discussed the letter from Pastor Larson regarding the ordinance and its purpose. . Councilmember Garfunkel stated the goal is to prevent minors from getting tobacco products. Acting Mayor Stover suggested the educational piece first, and a fine second. Councilmembers discussed the license fee of $250. Councilmember Garfunkel stated it should be not less than $250. Councilmembers discussed retailers' fines. City Attorney Keane noted they are set by state statute. Lizee moved, Garfunkel seconded to table consideration of an Ordinance amending Chapter 302 - Sale of Tobacco and 1301 - Establishing Fees/Resolution Authorizing Summary Ordinance Publication. Motion carried 3-0. D. Consideration of a Motion to Adopt a Resolution Making an Appointment to the Land Conservation/Environment Committee Garfunkel moved, Lizee seconded to adopt RESOLUTION 99-067, "A Resolution Appointing Joel Jurgen to the Land Conservation / Environment Committee Effective Immediately Through January 31, 2000." Motion carried 3-0. 0 CITY COUNCIL REGULAR MEETING MINUTES • AUGUST 23,1999 - PAGE 9 8. ENGINEERING/PUBLIC WORKS A. Consideration of a Motion to Adopt a Resolution Accepting Bids and Awarding Contract - Project No. 99-01 Noble Road/Southshore Center Drainage Improvements Engineer Brown stated bids were received and tabulated on August 18 for the Noble Road/Southshore Center project. He noted only two bids were received. The low bid was from Midwest Asphalt in the amount of $212,003.70 which far exceeded the engineer's estimate. He recommended the bids be rejected and rebid in February of 2000. Garfunkel moved, Lizee seconded to adopt RESOLUTION 99-068, A Resolution Rejecting All Bids for Project No. 99-01 Noble Road and Project No. 99-07 Southshore Center Drainage Improvements." Motion carried 3-0. B. Consideration of a Motion to Adopt a Resolution Accepting Bids and Awarding Contract - Project No. 99-05 Old Market Road Wall Repairs Engineer Brown stated bids were received and tabulated for Old Market Road wall repairs. Two bids were received. The low bid was from Jay Brothers in the amount of $33,172.50. Lizee moved, Garfunkel seconded to adopt RESOLUTION 99-069, "A Resolution Awarding the Bid to Jay Brothers in the Amount of $33,172.50 for Project No. 99-05 Old Market Road Wall Repairs." Motion carried 3-0. C. Consideration of a Motion to Adopt a Resolution Authorizing Exemption from Uniform Municipal Contracting Law Engineer Brown stated this item is closely tied to the next item on the agenda seeking the purchase of a generator. He discussed the need to cut through the long bidding process in order to address Y2K issues. He discussed the process which would be followed to secure quotes. D. Consideration of a Motion to Adopt a Resolution Authorizing Expenditure for Purchase of a Generator Engineer Brown discussed the need for the purchase of a generator prior to the approval of the resolution in the previous item. He discussed the need to have a generator on hand should the lift stations fail. He reviewed quotes received. He recommended approval of bid alternate A from Alliance Energy Systems, Inc. This resolution also authorizes the transfer of funds for purchase of the generator from the sanitary sewer fund to the equipment replacement fund. Lizee moved, Garfunkel seconded to adopt RESOLUTION 99-070, "A Resolution to Athe Purchase of a Generator From Alliance Energy Systems, Bid Option A With Funding From the Sanitary Sewer Fund." Motion carried 3-0. Garfunkel moved, Lizee seconded to adopt RESOLUTION 99-071, "A Resolution Authorizing Exemption From Uniform Municipal Contracting Law." Motion carried 3-0. 0 CITY COUNCIL REGULAR MEETING MINUTES • AUGUST 23,1999 - PAGE 10 Garfunkel moved, Lizee seconded to continue Items 8E and 8F to the September 13, 1999 meeting. Motion carried 3-0. 9. REPORTS A. Administrator & Staff i. Attorney's Report on Recommendations Regarding Research for Right- of-way Along Smithtown Road City Attorney Keane stated a report will be given in September at the first meeting. ii. Engineer's Report on Waterford Wall Repairs Engineer Brown discussed the Waterford Wall. A letter will be sent to the homeowners' association. It has been stabilized by City crews for the interim. The letter will tell them there is definitely a safety and health hazard. B. Mayor and City Council i. Report on Fire Department Review Committee Meeting Held August 10,1999 • Administrator Hurm stated the first meeting was held to discuss how the remaining meetings would be handled. It was determined Larry Bakken would be asked to facilitate the meetings. The next meeting will be the fifth Tuesday in August. ii. Report on Communication Committee Meeting Held August 16,1999 Councilmember Garfunkel attended the Communication Committee Meeting. They discussed the problems with the audiovisual equipment. They are also going to review the audio on the cable telecasts. They also discussed the web site. Councilmember Lizee was concerned about the quality of tape recorded sessions and could like the microphones in the Council Chambers integrated into the tape recording system. Staff agreed to look into it. Finance Director Rolek noted there were problems with the network, and it was not possible to generate a claims list. Administrator Hurm stated it could be approved prior to the work session on August 30. iii. Establish Executive Session Date to Discuss Personnel Issue Councilmembers discussed possible dates for an executive session date to discuss personnel issue. September 1 and 15 were suggested. The meeting will be held on September 1 at 6:00 p.m. r� U CITY COUNCIL REGULAR MEETING MINUTES • AUGUST 23,1999 - PAGE 11 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Garfunkel moved, Lizee seconded adjourning the regular meeting at 8:55 p.m. Motion passed 3-0. RESPECTFULLY SUBMITTED, Clare T. Link • is