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112601 CC Reg Min . . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 26,2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:10 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the Agenda. Councilmember Zerby asked for Item 3D be moved to Item 8D for further discussion. Mayor Love honored a request by Mr. Eric Kaardal, Attorney for Mr. Ronald Johnson, for Item 3C be moved to Item 4B for further consideration. Zerby moved, Garfunkel seconded, approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of November 5, 2001 Turgeon moved, Lizee seconded, approving the City Council Regular Meeting Minutes of November 5, 2001, as presented. Motion passed 5/0. B. City Council Work Session Minutes of November 5, 2001 Garfunkel moved, Turgeon seconded, approving the City Council Work Session Minutes of November 5, 2001, as presented. Motion passed 5/0. 3. CONSENT AGENDA Zerby moved, Garfunkel seconded, approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Approval of Insurance Renewals C. Approval of Certifying Special Assessments - Delinquent Utility Charges (This item was moved to Item 4B.) D. Transfer of Equipment with SLMPD (This item was moved to Item 8B.) " . . . CITY COUNCIL MEETING MINUTES November 26, 2001 Page 20f8 E. Adopting RESOLUTION NO. 01-074, "A Resolution Accepting Eddy Station and Authorizing Final Payment." F. Authorize Expenditure of Funds for Computer Upgrades G. Approve Extension of Deadline to With Notice to Remove Appellant: Leroy Cramer Location: 4475 Enchanted Lane Motion passed 5/0. 4. PRESENTATIONS A. Presentation of Service A ward to former Park Commissioner Mayor Love presented a service award plaque to former Park Commissioner, Mark Themig, noting Mr. Themig had served on the Park Commission for three years. In those years, many changes, such as Eddy Station and the Skate Park, had occurred in the City parks as a result of the leadership provided by Mr. Themig and the Park Commission. Mayor Love and Council thanked Mr. Themig for his dedicated years of service to the City and wished him well in his career working with the park system in the City of Shakopee. Mr. Themig thanked Council for the service award and kind words. B. Approval of Certifying Special Assessments - Delinquent Utility Charges (This item was moved from the Consent Agenda for further discussion and consideration.) Mr. Eric Kaardal, Attorney representing Mr. Ronald Johnson, addressed Council at the request of his client. He explained his client believed he should not be assessed delinquent charges as he believed he had been in compliance with all reasonable requests regarding the ban on sump pump usage as part of the City's sanitary sewer system in the past. He also stated his client believed this assessment would not be charged until pending litigation had been resolved. Attorney Keane explained the history of the ordinance prohibiting a connection between a resident's sump pump system and the City's sanitary sewer system in the 1990's. He further explained the City had requested inspection through enforcement procedures. If an inspection had not taken place, a monthly charge would be incurred, and the assessment would be charged to anyone without proper verification of the inspection, In addition, Attorney Keane explained that previous litigation had been closed and the assessment would not wait for the current pending litigation in Federal Court initiated by Mr. Johnson. He also noted the City had attempted to implement the sump pump inspection with minimal interruption and utmost respect for all residents. Garfunkel moved, Lizee seconded, Adopting RESOLUTION NO. 01-075, "A Resolution Directing Delinquent Utility Charges Be Placed on the 2002 Property Tax Rolls." Motion passed 5/0. 5. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. .' . . . CITY COUNCIL MEETING MINUTES November 26, 2001 Page 3 of 8 6. PARKS A. Report on Park Commission Meeting Held November 13, 2001 Due to the absence of Park Commissioner Young, Councilmember Garfunkel reported on the Park Commission Meeting of November 13, 2001, (as detailed in the minutes of that meeting). B. Lake Linden Drive Trail Request - Directing WSB to Prepare Feasibility Report Engineer Brown reported residents of Lake Linden Drive had requested the City to consider a potential trail along Lake Linden Drive. In following the procedures set forth in consideration of such a request, a trail walk was held on November 3, 2001. Various Park Commissioners and members of the City Council were in attendance. After speaking to the residents attending the trail walk, all were amenable to presence of a trail along Lake Linden Drive. Atthe November 13, 2001, Park Commission Meeting, the Commission recommended to the City Council that efforts to bring a trail to this neighborhood be initiated. Councilmember Garfunkel expressed concern that this potential trail would allow people to utilize the trail to Yellowstone Trail, and then pedestrians would have to use the roadway to link to another destination or trail. Councilmember Lizee noted residents along Yellowstone Trail were also interested in having a trail in that area as well; thus, connections could perhaps be made that would allow pedestrians to safely link to another trail location. Lizee moved, Zerby seconded, Adopting a Motion Directing WSB and Associates to Prepare a Feasibility Study for the Lake Linden Drive Trail Project. Motion passed 5/0. 7 PLANNING Commissioner Woodruff reported on matters considered and actions taken at the November 20, 2001, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Tritch Estates Preliminary Plat Applicant: David Alan Inc./Barbara Toothman Location: 6060 Strawberry Lane Director Nielsen explained Mr. Tom Tritch had submitted an application for a preliminary plat of approximately 2.9 acres of land located at 6060 Strawberry Lane. The Planning Commission had tabled that request pending resolution of a number of items described in the December 28, 2000, Staff Report regarding this matter. The owners of the property had now agreed to sell the property to Mr. Dave Alan, Inc., acting as buyer, subject to receiving approval of the subdivision of the property. The buyer had submitted a revised preliminary plat for the property. Director Nielsen then reviewed recommendations pertaining to Street Right-of-Way, Lot Area and Width, Drainage and Utility Easements, Plat Name, Tree Preservation & Reforestation, Lot Numbering, the Existing House, City Property as well as issues of Grading, Drainage, and Utilities. The Grading, Drainage, and Utilities required further consideration, as soil information and a grading plan were considered critical to the approval of the plan. In addition, he noted there were concerns for demolition plans of the existing house, and payment for the City property included in the plat. Also, final plans needed to include a tree preservation and reforestation plan. For these reasons, the Planning Commission had requested a review of the final plat prior to approval being CITY COUNCIL MEETING MINUTES November 26, 2001 Page 4 of 8 . recommended to the City Council. He stated Engineer Brown was in attendance this evening to review the engineering concerns for the site. Engineer Brown provided background on the geography of the site. He noted topography was very flat with 1 foot of relief across the site, making the grading and drainage on the site of utmost importance. He also explained he would be examining proposed house pad elevations for the site as drainage was a concern. Next, he reviewed concerns regarding rights-of-way and easements, watermain installation, sanitary sewer service, appropriate hydraulic calculations, and current groundwater elevations for the area. Specifically, he recommended the plat boundary be revised to include a 25.0-foot minimum right- of-way width west of the Strawberry Lane centerline. Also, as part of the review for this plat, the applicant's Engineer would need to provide plans and specifications for the installation of a 12-inch diameter watermain along the easterly plat boundary and Strawberry Lane as well as for the extension of sanitary sewer service from Maple Lane to the Church Road cul-de-sac. As part of the final plat review, hydraulic calculations that demonstrated adequate rate control for the 100-year frequency event would be required. Also, the applicant's Engineer would need to provide the City with soil boring information that demonstrated the current groundwater elevations for the area, and indications of mottling or other data, which indicated the historic groundwater elevations for the plat. Once elevations of groundwater were documented, he noted, the lowest floor elevations would be coordinated and shown on the final grading plans for the subject site. Commissioner Turgeon questioned whether custom grading would enhance the site's drainage capacity. Engineer Brown explained this technique would not remedy the situation as all lots comprising the site needed to work together to handle the drainage issues. . Lizee moved, Turgeon seconded, Approval of a Preliminary Plat, subject to the Planning Commission giving Final Plat approval, for Tritch Estates, with applicants David Alan Inc./Barbara Toothman, 6060 Strawberry Lane. Motion passed 5/0. B. Amendment to Zoning Code Establishing Conditional Use Process for 24-hour Businesses Director Nielsen presented to Council a draft amendment to the City's Zoning Code that would establish a Conditional Use Permit process for 24-hour businesses. He explained that initially the Planning Commission did not believe a need existed within the City for such businesses as there were so many 24- hour businesses available in neighboring communities. In planning for the future, however, the Commission decided it would be more prudent to regulate the use of these businesses through a Conditional Use Permit process. Director Nielsen explained a 24-hour use would be defined as any commercial use that was regularly open for business or involved other significant outdoor activity, except for businesses with a valid liquor license, during any hour between 10:00P.M.and 7:00 A.M. Any business wishing to remain open throughout the entire day would need to comply with four criteria related to offstreet loading, movement of vehicles, outdoor speaker systems, and lighting. He requested feedback from the Council regarding this draft. . Councilmember Garfunkel questioned the rationale for the designated hours of operation. Director Nielsen explained the hours, which were in effect in other cities, were designed to protect residential areas from being adversely impacted by any of the activities designated in the criteria for the Conditional Use Permit. Council provided other minor wording changes to the draft, and agreed all businesses needed to follow these criteria when applying for a Conditional Use Permit, including those with a valid liquor license. Director Nielsen stated changes would be made, and this draft ordinance would retum on a future Regular City Council Meeting Agenda. Council thanked him for his efforts in this matter. . . . CITY COUNCIL MEETING MINUTES November 26, 2001 Page 5 of8 8. GENERAL A. Acceptance of Conservation Easement Grantor: Dean Riesen Location: 20030 Excelsior Boulevard Director Nielsen explained Mr. Dean Riesen had given a gift to the City in the form of a conservation easement over portions of his property at 20030 Excelsior Boulevard. Mayor Love thanked Mr. Riesen for his fine contribution, noting it was no irony he was contributing to the environment, as he had been Chair of the Land Conservation Committee in the past. In addition, Mr. Riesen had been the first resident to address the Council regarding land conservation initiatives leading to various precious donations, including the wetlands near Eureka Road, and inspired the City toward its endeavors with the Gideon Glen project. Mayor Love also stated because of generous contributions such as this one, future generations would be able to appreciate the great quality of life found in the South Lake Minnetonka regIOn. Mr. Dean Riesen stated he had been troubled by the many economic incentives and intense pressure to subdivide residential property. He also stated he was pleased to be able to contribute this property in an effort to continue to educate residents about the environmental, economic, and aesthetic benefits regarding conservation easements and preservation of green space in residential lots. He appreciated the kind words from the Council, and he looked forward to many years as a Shore wood resident. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 01-076, "A Resolution of Acceptance of a Conservation Easement from Dean and Barbara Riesen, 20030 Excelsior Boulevard." Motion passed 5/0. B. Glen Road No-Parking Request Director Nielsen explained residents of the Gideon Woods Townhome Association had requested "No Parking" signs be placed on the north side of Glen Road between their entrance road and the County Road 19 public right-of-way. There was significant concern for the number of vehicles that would exit County Road 19 and park in this spot. The goal of the Townhome Association was to enhance the corner near the pond area as the current parking usage was eroding the soil in that location. Concerns were also expressed for the responsibility of the expense for the signs. Councilmember Turgeon stated she was in that vicinity frequently and had noted a large number of utility vehicles parked in this area daily. Councilmember Lizee agreed, noting the addition of "No Parking" signs might simply push the vehicles to the other side of the road rather than alleviate the situation altogether as desired. Possible options for alleviating concern regarding utility vehicles parked in this area were discussed, with final consideration given to investigation the possibility of a turn lane in that area. C. Funding Allocation for New SLMPD Station Administrator Dawson explained this issue was before the Council as a revision to a previously passed resolution regarding the funding allocation from the City for the new South Lake Minnetonka Police Department Station. . . . CITY COUNCIL MEETING MINUTES November 26, 2001 Page 6 of 8 Mayor Love stated the Police Coordinating Committee had met recently to discuss appropriate funding allocations to move this project forward in a timely manner. A great deal of time and consideration regarding the efforts of the Joint Powers Agreement had taken place resulting in a request for support of an ad velorum taxing district in an effort to fund the new Police station. He further explained an ad valorem district met the necessary funding criteria, and also would allow cities' conttibutions to remain consistent over the next 20 years. He also explained the building would be a pelmanent stmcture designed to meet the needs of the area as an Emergency Operations Center and would not be subject to how various cities would develop. He stated it was time to move forward in planning as a community and hoped to welcome other cities on board in the future. Councilmember Lizee asked about the possibility of the financing for the police station being phased in over the course of ten years as the fire station was in the EFD Joint Powers Agreement. Councilmember Turgeon agreed, noting she believed more patrol service would be required in a commercial district than in a residential disttict. With that increased need for patrol service, an increased contribution, rather than a deduction designed in the ad valorem funding mechanism, should follow. Mayor Love stated the current funding formula for operations would remain the same; however, the ad valorem district would be associated with the cost of building the stmcture. In addition, he stated the issues of need and affordability required examination. All involved communities agreed on the need for the new station; however, it seemed as though it was a disagreement between City Councils rather than a disagreement between the residents these Councils represented. Councilmember Zerby stated he was concerned Shorewood would be contributing to the majority of the cost without a majority of control. Mayor Love stated he appreciated this discussion and had considered this issue from all sides, noting many of these issues had posed difficulties in bringing the EFD Joint Powers Agreement to fmition. He encouraged the Council to examine the potential impact and rewards for residents of the South Lake Minnetonka area. Councilmember Lizee stated she wholeheartedly supported the need for a new building and wanted to honor the schedule designated to bring it forth. She stated her strong belief that, for reasons related to this issue, it was imperative that all member cities be part of Shorewood' s Visioning Process project. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 01-077, "A Resolution Expressing a Commitment to the Construction of a New Police Station for the South Lake Minnetonka Police Department. Motion passed 4/0/1, with Turgeon abstaining. D. Transfer of Equipment with SLMPD (This item had been removed from the Consent Agenda for further discussion and consideration.) South Lake Minnetonka Police Department Chief Bryan Litsey addressed Council regarding this issue. He stated he appreciated the support of the Council regarding the new police station project, and he was excited about the project being able to move forward. He also stated he appreciated the leadership this Council had undertaken in an effort to expedite the building project. Chief Litsey then explained the City of Shorewood had purchased a snowmobile for Community Policing Efforts regarding winter use of the LRT Trail. Since that time, funding of the Community Policing position had expired as well as the recent prohibited use of snowmobiles on the Trail. As a result, he requested the Police Department be allowed to take ownership of this snowmobile, with the intent being . . . CITY COUNCIL MEETING MINUTES November 26, 2001 Page 7 of 8 for sale of a snowmobile and the acquisition of an All-Terrain Vehicle (ATV). He explained an ATV could be used year-round and would be enhance the efforts toward public safety as it could be used in places where other vehicles could not be used in rescue efforts. In response to Councilmember Lizee's question of optional uses, he noted the ATV could be utilized in patrolling the trail and park system in the City and would be shared with the Fire Department. Zerby moved, Garfunkel seconded, Authorizing Transfer of Title for the 1997 Ski-Doo Formula 500 Snowmobile to the South Lake Minnetonka Police Department, with appropriate credit value being given in Shorewood's contribution toward purchase of an ATV. Motion passed 5/0. 9 ENGINEERINGIPUBLIC WORKS A. Glen Road! Amlee Road Drainage update Engineer Brown explained a feasibility report had been prepared regarding the Glen Road/ Amlee Road drainage project. In so doing, it had been discovered that options presented for remedy of the drainage situation in this area would directly impair efforts being made in the County Road 19 Intersection Realignment Project and the Gideon Glen Wetland Restoration Project. As a result, he explained, many alternatives were being considered, and he would continue to strive to expedite matters in bringing forth what would likely prove to be a very complex remedy to drainage issues in that area. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson reported the Minnehaha Creek Watershed District was reviewing the wetland restoration project, and a feasibility study was currently being prepared. 2. County Road 19 Intersection Administrator Dawson explained the City of Tonka Bay would be meeting this week to discuss a resolution regarding approval of this project. 3. T.H. 7/41 Project Engineer Brown reported this project was nearing completion. The final asphalt layer and signal work would be completed next spring, and a sidewalk/trail would most likely be included in completion of this project as well. 4. Fertilizer Legislation Administrator Dawson reported many successes had been achieved in this matter over the past few weeks in the Minnesota Legislature. He explained momentum seemed to be building in support of this legislation as the cities of Edina and New Ulm had also adopted resolutions regarding the use and sale of phosphoms-free lawn fertilizer. B. Mayor & City Council ." . . . ..~ -. CITY COUNCIL MEETING MINUTES November 26, 2001 Page 8 of 8 Mayor Love reported he had an open and respectful dialogue with Mayor Fischer of the City of Minnetrista regarding options for reconstruction of the "Red Bridge" in Minnetrista. Mayor Fischer was requesting a joint meeting of the City Councils of Shorewood and Minnetrista in mid-December of this year to further discuss the Enchanted Island Bridge Project. Mayor Love noted he would support discussing options for resolution as long as no expenditures would need to be incurred by the residents of Shorewood for this project. 11. ADJOURN Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting to Work Session at 9:30 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, aru Sally Keefe, Recording Secretary Woody Love, Mayor