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042803 CC Reg Min t, . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 28, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Acting Mayor Garfunkel called the City Council meeting to order at 7:00 P.M. A. Roll Call Present: Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Mayor Love B. Review Agenda Acting Mayor Garfunkel reviewed the Agenda and asked if the Councilmembers or Staff had any changes and there were none. Zerby moved, Lizee seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council 6:00 PM Work Session Minutes, April 14, 2003 Turgeon moved, Zerby seconded, Approving the City Council 6:00 PM Work Session Minutes, April 14, 2003, as presented. Motion passed 4/0. B. City Council 6:30 PM Work Session Minutes, April 14, 2003 Lizee moved, Zerby seconded, Approving the City Council 6:00 PM Work Session Minutes, April 14, 2003, as presented. Motion passed 4/0. C. City Council Regular Meeting Minutes, April 14, 2003 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes, April 14, 2003, as presented. Motion passed 4/0. D. City Council 9:30 PM Work Session Minutes, April 14, 2003 . . . CITY COUNCIL REGULAR MEETING MINUTES April 28, 2003 Page 2 of 12 Lizee moved, Zerby seconded, Approving the City Council 9:30 PM Work Session Minutes, April 14, 2003, as presented. Motion passed 4/0. E. Joint City CounciIlPark Commission/Planning Commission Minutes, April 15, 2003 Zerby moved, Turgeon seconded, Approving the Joint City CounciIlPark Commission/Planning Commission Minutes, April 15, 2003, as presented. Motion passed 4/0. F. City Council Special Meeting, April 16, 2003 Lizee moved, Turgeon seconded, Approving the City Council Special Meeting, April 16, 2003, as presented. Motion passed 4/0. 3. CONSENT AGENDA Acting Mayor Garfunkel read through the Consent Agenda and stated that anyone who objected to any item should voice their objection to it. No objections were raised. Lizee moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Authorize Expenditure of Funds for Auto Dialers C. Approval of Temporary Sign Permit D. Adopting RESOLUTION NO. 03-034. "A Resolution Approving Tree Trimmer Licenses." E. Adopting RESOLUTION NO. 03-035. "A Resolution Approving Intoxicating Liquor License On-Sale Intoxicating Liquor and Special Sunday Sales - Minnetonka Country Club." F. Adopting RESOLUTION NO. 03-036. "A Resolution Approving a Comprehensive Plan Amendment for the Redevelopment of the Carmichael Auto Salvage Property." G. Authorization for Advertisement for Light Equipment Operator 4. REPORTS AND PRESENTATIONS CITY COUNCIL REGULAR MEETING MINUTES April 28, 2003 Page 3 of 12 . A. Report by Tom Skramstad on Lake Minnetonka Conservation District (LMCD) activities . Tom Skramstad discussed the issues from the written report that he had sent the Council. One issue concerned the Motorized Watercraft Amendment that required boats to use only trolling motors and limited the number of docks in order to protect the wetlands. He stated that the City of Minnestrista had not reached a decision on this amendment yet although it is still working with the LMCD and Mr. Skramstad will keep the Council informed on this issue. He also stated that the total funding of the water patrol deputies has been assumed by Hennepin County. Mr. Skramstad stated that the number of solar lights placed on buoys will be expanded this year with an upgrade of the type oflight used. The new solar-powered light has a one-mile visibility and the blinks according to Coast Guard standards. Mr. Skramstad stated that Hennepin County and its water patrol were working on informing the public about the new buoys by posting information at the marinas and distributing stickers. He stated that the mid-channel buoy was not being used this year as it is a relatively new concept of the Coast Guard's and more discussion is needed concerning it in order to avoid potential confusion. Mr. Skramstad stated that the milfoil harvester was funded by donations and not through funds from the 14 cities, and the LMCD was trying to purchase a new and faster milfoil harvester. The milfoil harvesting program would run from June to the end of August. He also stated that the LMCD was trying to inform the public about the potential hazard of zebra mussels. Also, the LMCD was educating the businesses on the lake concerning liquor licenses and permits and the use of alcohol on the lake. Councilmember Lizee stated how pleased she was by the response of the LMCD to the concerns of a resident regarding the quality of the water in Lake William. Mr. Skramstad stated that they took samples of the water for testing and found nothing unusual although they were awaiting further tests. He stated that there were no concerns regarding drinking of the water by pets and other animals. Councilmember Zerby asked about the situation regarding payment for changes of cars that were extracted from the lake. Mr. Skramstad stated that the wrong car had been extracted from the lake and the costs for extracting and storing the car totaled $2,000, with the responsibility for these costs assumed by the truck hauling company. Since the car was stolen, the owner and the insurance company have no responsibility for it and the Board voted against paying the costs as a public agency cannot gift money to a private party. Councilmember Zerby asked ifthere were criteria already established for similar situations regarding abandoned vehicles and the sheriff s office. . Councilmember Turgeon asked about last year's problem regarding the number of docks allowed on the lake. CITY COUNCIL REGULAR MEETING MINUTES April 28, 2003 Page 4 of 12 . Mr. Skramstad stated that the issue had been resolved regarding one particular marina that had the right dock configuration but too many boats. The Sheriff resolved the problem with the number of boats and the marina is now in compliance with the lake requirements. Acting Mayor Garfunkel thanked Mr. Skramstad for his report. B. Report by Tad Shaw on Minnetonka Community Education and Services (MCES) activities . Tad Shaw, the City's representative on the MCES Board, stated that they send catalogs three times per year offering classes, summer school and senior enrichment. He stated that he had four points to present to the City Council. The first point concerned the composition of the board as a representative from each city, five members from the school board, five members elected from the community at large, and two students from the local high schools. Jane Hicks is the current MCES president. Another issue concerns the cost containment measures that MCES is enacting due to budget constraints. He stated that 75% of the MCES budget derives from fees and the remaining 25% from levies established by the State legislature. He stated that MCES receives no money from the cities except for services rendered and MCES is concerned about the current status state levies. In the past, MCES published four booklets per year while now they are only publishing three times per year. Also, there is no section in the back for special services in every issue. The third point that Mr. Shaw mentioned is the new on-line registration for MCES classes. He would also appreciate a report from the City regarding field scheduling as the City had decided to perform this service, rather than through MCES. Councilmember Turgeon stated that she considered the web site to be a nice addition to MCES. Mr. Shaw stated that the website address was www.mcesonline.com. 5. MATTERS FROM THE FLOOR No one spoke during Matters from the Floor. 6. PARKS . Engineer Brown stated that there had been no Parks meeting since the last City Council meeting. Therefore, he had nothing to report at this meeting. 7. PLANNING CITY COUNCIL REGULAR MEETING MINUTES April 28, 2003 Page 5 of 12 . Commissioner Packard stated that the Planning Commission had met and held public ... heanngsforaCtfP-aJ.ld-asimple-subdivision-request-and the-PlanningCommission... -------.-.... recommended approval subject to Staff recommendations. There were no questions from the City Council concerning this issue. A. Approval of a Conditional Use Permit Applicant: Location: Thor Holmgren 23380 Smithtown Planning Director Nielsen stated that Mr. Holmgren's property was zoned as an R2A single-family residence along County Road 19. Mr. Holmgren requested a taller fence for his front yard. Two years ago, the ordinance was amended to allow a fence height of up to 6 feet in addition to being located 8 feet back from the front line of the property. Planning Director Nielsen stated that the fence does comply with the 8-foot rule and he recommended that a provision be added stating that the row of dogwood shrubs must be maintained or new landscape plan should be pursued by Mr. Holmgren. With these additional changes, the Planning Commission recommended approval of a conditional use permit for Mr. Holmgren. . There were no questions from the City Council regarding this approval. Zerby approved, Turgeon seconded, approving a conditional use permit for Thor Holmgren at 23380 Smithtown. Motion passed 4/0. B. Approval of a Preliminary Plat - Smithtown Estates Applicant: Location: Roger Anderson 23625 and 23675 Smithtown Road Planning Director Nielsen stated that Mr. Anderson wanted to combine these two lots and resubdivide them into three-single family residential lots. He stated that the existing properties already have homes on them but that there was room for a third home. Planning Director Nielsen stated that the new subdivisions would comply with the minimum requirements ofR2A and setback requirements. He stated that there were only minor problems with the drainage to the south and there was no removal necessitated for the trees unless needed for additional work. The Planning Commission recommended unanimously to approve this proposed preliminary plat. Councilmember Turgeon asked Engineer Brown what engineering concerns affected this plat, particularly regarding a sewer intercept or that was not on the original surveys. . Engineer Brown stated that the engineering concerns were minor as the biggest concerns were the drainage areas to the south and maintaining preservation of the land. Councilmember Zerby asked Engineer Brown about the exact location of the sewer line. CITY COUNCIL REGULAR MEETING MINUTES April 28, 2003 Page 6 of 12 . --. -----Engineer Brown--stated-thatthe-sewerline.runsrightalong..theright-of-way-onCounty Road 19 and that there were adequate easements. Councilmember Turgeon asked if the neighbor who was concerned about the drainage issues had been contacted concerning this issue. Engineer Brown that the drainage issues had been addressed with the neighbor. Engineer Brown stated that he recommended approval of the simple subdivision subject to Staff recommendations. There were no questions from the City Council concerning this issue. Zerby moved, Lizee seconded, approving the preliminary plat of Roger Anderson at 23625 and 23675 Smithtown Road. Motion passed 4/0. 8. GENERAL/NEW BUSINESS A. Acceptance of the Opt-Out Transit Report . Planning Director Nielsen stated that the Opt-Out Transit Report presented to the Council by Lisa Radeunz was self-explanatory and Staffwas looking for further direction from the City Council regarding negotiation proceedings with Met Council. Councilmember Turgeon stated that the Council does not know the exact ridership but that the Council should pursue options that help with senior transportation. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 03-037. "A Resolution Accepting the City of Shorewood "Opt-Out" Study Final Report." Motion passed 4/0. B. Acceptance of the Visioning Report . Administrator Dawson stated that the Council wished to bring closure to the Vision project. Regarding the wording, the official wording is the Community Visioning Study. New information has been put on the web site and the use of the study is to provide additional perspective for community planning and services for all city councils in the area. He stated that the main points from the strategy sessions could be a starting point to take action if that was the wish ofthe Council. A point that Mr. Chamberlain emphasized was the idea of holding a South Lake Minnetonka Summit involving all of the city councils in the area. However, a leadership role for the summit would be needed and perhaps the City Council would assume that role. CITY COUNCIL REGULAR MEETING MINUTES April 28, 2003 Page 7 of 12 . -~---COlliiCilmem15er Turgeon sta:teli-thar-a11-five-cities-must-participate--since--issues-that-were--------------- identified in the visioning report involved all of the cities. She stated that the Council must plan what to do next and reach a general consensus about the role of Shorewood in the visioning process. Councilmember Turgeon suggested that the City of Shorewood wait to identify objectives to pursue until after the summit in order to receive feedback from all five cities about the report. She also requested that the wording of the resolution be modified from "Acceptance of the Visioning Report" to "Acknowledging Receipt of the Visioning Report." Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 03-038. "A Resolution Acknowledging Receipt of the Final Report of the South Lake Minnetonka Community Visioning Study." Councilmember Lizee stated that she had no problem with the wording of "acceptance of the visioning report." Acting Mayor Garfunkel also stated that he had no problem with the original wording and asked whether it should remain as it was. He also stated that any results from the visioning process would likely be driven by the Shorewood City Council and there should be more discussion regarding the future action of the City Council. . Motion passed 4/0. C. Communications Protocol Administrator Dawson stated that in response to the discussion of this issue last meeting, a memorandum was provided to the Council with suggestions to improve communications. There were two primary concerns from the work session involving notification of meetings by two Councilmembers and reports of activities by the Mayor and Councilmembers. The resolution of the first concern could be achieved through email, fax or the telephone with a call to the Deputy Clerk so that a report could be sent to all Councilmembers. The second concern is addressed by the Mayor and Councilmember Report sections on the agenda used for updating the other Councilmembers of each other's activities. Administrator Dawson stated that the Staff would try to improve distribution of information and provide fuller agenda packets in a timely manner to the Council. Councilmember Turgeon stated that this process sounded time-intensive and her original intent in raising this issue at the work session last week was not to create more work for the Staff. . Engineer Brown stated that standard formatting could be set-up in order to facilitate this communication task. D. Appeal Notice to Remove CITY COUNCIL REGULAR MEETING MINUTES April 28, 2003 Page 8 of 12 . Applicant: Location: Kert Koerting 203Z5-Exc-elsiurBuulevaTd--- Planning Director Nielsen stated that junk complaints had been received regarding the property ofKert Koerting. The Notice to Remove concerns the unlicensed and inoperable vehicles and other items. Acting Mayor Garfunkel invited Mr. Koerting to speak on his own behalf and describe the situation of this property to the City Council. Mr. Ketering stated that he had lived at this residence for 35 years and the area had changed since he had bought his property. He stated that he was focused on correcting the current situation by selling the used cars that he was fixing up and getting rid of the rest of the items listed on the property. Councilmember Zerby asked whether the property had been re-inspected after Mr. Ketering was first notified. Planning Director Nielsen stated that Mr. Koerting's property had been re-inspected and the inspector reported that there had been some improvement but there was still a lot of materials on the property that needed to be taken care of. . Acting Mayor Garfunkel recommended that Mr. Ketering receive 30 days to take care of the smaller items and 60 days to take care of the vehicles. Zerby moved. Councilmember Turgeon asked whether the 30 days began from the date of the letter or today. Planning Director Nielsen stated that the 30 days would begin from tonight's meeting. Turgeon seconded, Granting extension of compliance of 30 days for smaller items and 60 days for the vehicles. Motion passed 4/0. Acting Mayor Garfunkel instructed Mr. Ketering to contact the Council with additional questions. E. Appointment to the Park Commission Administrator Dawson stated that Scott Bartlett had resigned from the Park Commission and there were two applicants, Nancy Meese and Paul Gilbertson, applying for the vacant position. The term of this position would run through January 31, 2005. . Councilmember Turgeon suggested that Paul Gilbertson be appointed to the Park Commission. . . . CITY COUNCIL REGULAR MEETING MINUTES April 28, 2003 Page 9 of 12 Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 03-039. "A -Resolu lIon M-aklng-ParlcCommtssiun-A:pplJintments-;" Councilmember Zerby stated that he was happy with both of the candidates and it was a difficult decision to choose between them. Councilmember Turgeon asked that Mr. Gilbertson be notified tomorrow in order to inform him of his new appointment. Motion passed 4/0. F. Appointment to the Lake Minnetonka Communications Commission Board Administrator Dawson stated that Jeff Foust was not seeking reappointment on the Lake Minnetonka Communication Commission Board (LMCC). There were three applicants, Patrick Hodapp, Robert E. Anderson, and Jerry C. Noack, interested in this position. The period of this appointment would extend until January 31, 2004. Only two of the applicants, Patrick Hodapp and Jerry C. Noack, had shown up for their interview with the Council so they were the two candidates considered to fill the vacancy. Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 03-040. "A Resolution Appointing Patrick Hodapp as City Representative on the Lake Minnetonka Communications Commission (LMCC) for 2003." Councilmember Zerby stated that Patrick Hodapp and Jerry C. Noack were both excellent candidates. Councilmember Turgeon requested that Mr. Hodapp be notified of his appointment. Motion passed 4/0. G. Approval of a Multiple Dock Facility License - Shorewood Yacht Club Applicant: Location: Minnetonka Moorings 600 West Lake Street Planning Director Nielsen stated that last year Minnetonka Moorings was denied this license due to a violation of City ordinances. That case has been settled in the court with Minnetonka Moorings pleading guilty, agreeing to pay the City's legal expenses, and receiving 12 months of probation. Planning Director Nielsen recommended that the 2003 license be issued to the Minnetonka Moorings. Acting Mayor Garfunkel invited Mr. Cross, who was present in the audience, to present any questions or concerns he had to the City Council. Mr. Cross stated that he had nothing to say to the City Council. CITY COUNCIL REGULAR MEETING MINUTES April 28, 2003 Page 10 of 12 . ------Zeroy moved;-Turgeon second-etl,A:pproval-of-a-MlIltiple-])e-ck-Facility-I::iiceuse--for~--~-~- Minnetonka Moorings. Motion passed 4/0. 9. ENGINEERING/PUBLIC WORKS A. Approval of Plans, Specifications, and Estimates and Authorization of Advertisement for Bids - Smithtown Road Engineer Brown stated that as of March 24, 2003, Staff had been directed to revise Smithtown plans with portions of the pedestrian space deleted except for a small section in front of the Minnewashta School at its request. The amended plan has been submitted to the State Aid. The engineering estimate prepared by WSB and Associates stated that the construction costs would be approximately $1.5 million. The current balance of the MSA account is estimated at approximately $2.1 million. Engineer Brown stated that bids would open for the project on June 4 at 10:00 A.M. He thought that the City should obtain good pricing for the project and Staff recommends approval of the plans, specifications, and estimates and authorizes advertisement for bids. . Councilmember Lizee thanked Engineer Brown for including flashers in the plan at the Minneswashta school. She also asked whether the entire length of Smithtown Road was closed to parking. Engineer Brown stated that there was no adequate shoulder for parking on Smithtown Road. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 03-042, "A Resolution Approving of the Plans, Specifications, and Estimates and Authorization of Advertisement for Bids for Smithtown Road." Councilmember Turgeon asked if construction would begin in July. Engineer Brown stated that in three weeks from the time of the bids were accepted was when construction would begin. Acting Mayor Garfunkel asked when construction is expected to be completed. Engineer Brown stated that construction would end after approximately nine weeks. Councilmember Zerby asked whether they could anticipate the progress of work on County Road 19 so that work was not duplicated work for Smithtown Road. . Engineer Brown stated that this had already been accounted for by placing a stop 300 feet short of the intersection and progress on Smithtown Road would depend on the work progress of County Road 19. CITY COUNCIL REGULAR MEETING MINUTES April 28, 2003 Page 11 of 12 . Councilmember Zerby also stated that the Staff should address the yield sign at the Mlnneton:Ka Country Clubexit<Ynto-Smithtown-Ro-ad-hecauseit-encouraged-a-ro-Hing-- stop. Motion passed 4/0. B. Accept Feasibility Report, Shorewood Village Shopping Center Engineer Brown stated that on November 8, the City Council had accepted the petition to utilize the public right-of-way for installation ofwatermain. Currently, there was a need for the developer to obtain an easement for the plat through Linden Hills. Engineer Brown recommends that the developer of Linden Hills join this project. He stated that the developers had already received approval for a ground storage tame Staff recommends acceptance and approval ofthis feasibility report. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 03-041. "A Resolution Accepting the Feasibility Report for the Extension of Municipal Water Service to the Shorewood Village Shopping Center.'" Councilmember Zerby stated that he was happy with the creative approach ofthis project and he thought that it would serve the City of Shorewood well. . Motion passed 4/0. 10. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson stated that Mr. Grube would be present at the next City Council meeting as he had no opportunity to report on the progress of County Road 19 by the time of this Council meeting. 2. Public Safety Facilities Administrator Dawson stated that the remainder of the contracts had been approved for the West Station. Progress, was slow on the East Side station. 3. Smithtown Road This issue was addressed in Item 9A. . B. Mayor & City Council ~' . . . . CITY COUNCIL REGULAR MEETING MINUTES April 28, 2003 Page 12 of 12 Councilmember Turgeon mentioned the Friends Fundraiser of past weekend, which -raised-$t-;5-00-;-Sh-e-alsolIrentIoned-the-up-coming-hea-Ith-fair-on-Ma-y~'Fhe--first meeting of the SLMPDTask Force is scheduled for May 6th. Councilmember Turgeon stated that the Joint Work Session with the Park and Planning Commissions was too short and there was only enough time to focus solely on goals and objectives. Administrator Dawson reminded the City Council that the Board of Review meeting would be held next Monday. 11. ADJOURN Turgeon moved, Zerby seconded, adjourning the City Council Meeting of April 28, 2003, at 8:47 P.M. RESPECTFULLY SUBMITTED. SUSAN FISCHER Recording Secretary Woody Love, Chair