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120803 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 8, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, and Zerby; Administrator Dawson; Associate City Attorney Gump (for City Attorney Keane); Engineer Brown; Finance Director Burton, and Planning Director Nielsen Absent: Councilmember Turgeon B. Review Agenda Mayor Love reviewed the Agenda for the meeting this evening. Administrator Dawson noted there could be an Executive Session near the end of the Regular Meeting. Lizee moved, Zerby seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, November 24, 2003 Zerby moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of November 24, 2003, as amended, in the Roll Call, Councilmember Garfunkel should be noted as absent. Motion passed 3/0/1, with Garfunkel abstaining due to absence at that meeting. B. City Council Special Meeting Minutes, December 1,2003 Garfunkel moved, Zerby seconded, Approving the City Council Special Meeting Minutes of December 1, 2003, as presented. Motion passed 4/0. 3. CONSENT AGENDA Lizee moved, Garfunkel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 03-105, "A Resolution Approving the Permanent Appointment of Michelle Nguyen as Accounting Clerk 1." c. Adopting RESOLUTION NO. 03-106. "A Resolution Approving Year 2004 Refuse Hauler Licenses." . . . REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 2003 Page 2 of7 D. Adopting RESOLUTION NO. 03-107, "A Resolution Approving Year 2004 Tree Trimmer Licenses." E. Approving Year 2004 Therapeutic Massage Licenses F. Approving Year 2004 Agreements for Animal Control and Animal Impound Services G. Adopting RESOLUTION NO. 03-108, "A Resolution Authorizing the Mayor and City Administrator to Extend the EPDB Conditional Use License Agreement with Hennepin County." H. Authorizing City Administrator to Enter into an Agreement for Computer Network Services for Year 2004 I. Authorize Services for 2003 Audit J. Adopting RESOLUTION NO. 03-109, "A Resolution Approving a Final Plat for John Pastuck Addition, John Pastuck, Northwest Corner of Maple Avenue and Strawberry Lane." K. Approval of the Revised Tournament Application L. Appeal Notice to Remove for George Gleason, 6130 Cathcart Drive Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING A. Utility Easement Vacation Along Maple Street Mayor Love opened the Public Hearing at 7:07 P.M. Director Nielsen explained the Shorewood Village Shopping Center, Inc., had submitted a letter petitioning the City to vacate the utility easement within the previously vacated right-of-way for Maple Street, which the City had vacated through resolution in 1979. That resolution, however, reserved in favor of the City a utility easement within the right-of-way. Since the new Cub Foods Store was built on a portion of this easement, and the City Engineer had determined there would be no present or future need for the utility easement, it was recommended this issue be resolved through vacation, which required a Public Hearing process. REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 2003 Page 3 of 7 . He also stated the City Attorney had reviewed this matter and recommended the following wording be added to the proposed resolution as Paragraph 3: "WHEREAS, RESOLUTION NO. 17-79, was received with Hennepin County on March 30,1979 as Document NO. 446180; and..." Seeing no one wishing to address this issue, Mayor Love closed the Public Testimony portion of the Public Hearing at 7:08 P.M. Council had no further questions. Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 03-110, "A Resolution Approving Vacation of the Drainage and Utility Easements on Maple Street, as amended to include Paragraph 3, "WHEREAS, RESOLUTION NO. 17-79, was received with Hennepin County on March 30,1979 as Document NO. 446180; and..." Motion passed 4/0. 7. PARKS Engineer Brown noted there had not been a meeting of the Park Commission since the most recent Regular City Council Meeting; thus, there was nothing to report on at this time. 8. PLANNING . Commissioner Packard reported on matters considered and actions taken at the December 2, 2003, Planning Commission Meeting (as detailed in the minutes of that meeting). 9. GENERAL/NEW BUSINESS A. Approving the 2004 Budget and Approving the Property Tax Levy Collectible in 2004 Mayor Love noted this matter had been thoroughly reviewed at numerous public meetings earlier in the year, and he stated he appreciated the thoroughness of the Staff in providing excellent presentations and reports on this matter. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 03-111, "A Resolution Approving the 2004 Budget and Approving the Property Tax Levy Collectible in 2004." Motion passed 4/0. B. Establishing the 2004 Pay Scale and City Insurance Contribution Zerby moved, Garfunkel seconded" Adopting RESOLUTION NO. 03-112. "A Resolution Establishing the 2004 Pay Scale and City Insurance Contribution." Motion passed 4/0. C. Authorizing the Transfer of Funds Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 03-113, "A Resolution Authorizing the Transfer of Funds." Motion passed 4/0. . REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 2003 Page 4 of 7 . D. Set 2004 Utility Rates Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 03-114, "A Resolution Setting License, Permit, Service Charges, and Miscellaneous Fees." Motion passed 4/0. E. Recommendation of Appointments by Hennepin County Board of Commissioners to the Minnehaha Creek Watershed District (MCWD) Board of Managers Administrator Dawson explained the terms of two positions from Hennepin County on the MCWD Board of Managers were expiring in 2004. To that end, the City Council was allowed to submit names of residents it would like to have appointed to the Board. He then explained the time line related to these appointments. Mayor Love suggested these positions be mentioned in the City's newsletter, and while the two residents whose terms were expiring were expected to seek reappointment, Council also agreed it would like to meet with these Managers prior to reappointment. Administrator Dawson stated he would extend the invitation to these managers interested in reappointment. No action was taken on this item. F. Approval of the Prosecuting Attorney 2004 Contract for Services . Administrator Dawson stated the City, along with the cities of Tonka Bay and Excelsior under separate contracts, had retained the prosecuting attorney services of Kenneth Potts for the past four to five years. He noted Mr. Potts had provided the jnformation requested by Council regarding workload and hours spent in services for the City. He also noted the South Lake Minnetonka Police Department had noted efficiencies to the SLMPD officers' time in the preparation of cases and at court, and had also made for economy to the cities for prosecutor costs. Administrator Dawson stated, while the arrangement seemed to be working, Council should consider evaluating this arrangement during 2004 and consider solicitation of prosecutor services in 2005 as part of due diligence. Councilmembers Garfunkel and Zerby agreed, stating there were no issues with Mr. Potts performance, but both believed it important to review the arrangement of services provided as part of the due diligence process. Garfunkel moved, Lizee seconded, Accepting and Approving the Continuation of Prosecution services per the November 12, 2003, letter from Kenneth N. Potts, P.A. Motion passed 4/0. Councilmember Zerby stated he would like to see more detail of the caseload Mr. Potts worked on in the past as part of the due diligence process of review in the future. G. Permit for Private Driveway in Public Right-of-Way Applicant: Dan and Melissa Nelson Location: 25685 Birch Bluff Road . Director Nielsen explained the applicants had a purchase agreement to buy a five-acre parcel of land, located in the southwest quadrant of Second Street and Clara Avenue, south of Birch Bluff Road. Both Second and Clara Streets were platted public rights-of way that had never been developed as traveled roadways. The applicants had requested a permit to extend a driveway to the property using the Second Street right-of-way. Director Nielsen went on to explain the property was characterized by heavily REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 2003 Page 5 of7 . wooded rugged, terrain varying in elevation, and with a wetland in the southeast comer of the site. He explained the Second Street right-of-way was only 22 feet in width, with some existing encroachment on the right-of-way from the adjoining properties. The property at 25885 Birch Bluff Road had a retaining wall that encroached onto the right-of-way, and the driveway for 25485 Birch Bluff Road arched into the right-of-way by approximately five feet. The access to the property was also complicated by the topography of the site. Director Nielsen went on to explain many other options had been studied throughout the years with regard to access to this property. Despite the issues inherent to Second Street, it currently was considered the most viable option. Prior to any formal action being taken by the City, Staff recommended the applicants prepare a detailed grading plan, illustrating how the driveway would be constructed within the right-of-way, including the design details of any retaining walls that might be necessary to construct the driveway. He noted any house on the site would need a sprinkler system, and the proposed driveway design should show a minimum of 12 feet of paved surface, with 16-foot wide pullouts in strategic locations to facilitate two cars passing one another. The plan also should show how sanitary sewer could service the site. Carrie Dorfman, 25845 Birch Bluff Road, presented a letter stating questions and concerns with the project to Council. She requested clarification on several items regarding the potential project, and noted concerns with several two-hundred-year old oak trees on the property that she believed were at risk as part of the project, and requested preservation of these trees. Similarly, with regard to the pullouts recommended as part of the proposed driveway plan, she requested these pullouts be reworked to preserve the oak trees on the site. She was also concerned about additional runoff onto her driveway, and requested consideration be given for lessening the current runoff, rather than adding to it. . Greg Buckley, 25885 Birch Bluff Road, also submitted a letter of concerns to Council for further consideration. Included in this letter were questions regarding access to the property and clarification of the use of the proposed driveway. He also noted concern for the extreme topography and its impact on soil erosion and run-off, as well as concerns for tree preservation of the noted two-hundred-year old oak trees. He also encouraged further exploration of options for access from Third Street. Dan Nelson, 24270 Yellowstone Trail, stated it was his preference not to disturb the oak trees in question, as he had spoken with the excavator who stated he would work around the trees and retaining wall. He had examined options to build a small retaining wall, and questioned who should have financial responsibility of rebuilding the existing retaining wall on site. He also noted snow removal would be pushed to the back of the site. Mr. Gump, in response to Director Nielsen's question, stated he would need to research the aspects of the case presented prior to making a decision regarding responsibility of the retaining wall. Councilmember Zerby, in response to Director Nielsen's request for comment on the project for the applicant, stated he thought the current adjoining property owners should be required to move off the right-of-way and street area onto their own property. He also noted concern for regarding legality issues with the project. . Discussion ensued regarding the recommendations Director Nielsen stated as part of the project. Mayor Love stated he thought the issue should be addressed at a policy level, and Councilmember Lizee suggested the applicant meet with Staff to work through the recommended issues of concern. Director . . REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 2003 Page 6 of7 . Nielsen stated the applicant should return with a preliminary plan for the project, including a detailed grading plan with driveway grade and tree preservation measures demonstrated as part of the plan. Mayor Love thanked all parties present for due diligence to the planning process as well as information shared by the neighbors in trying to resolve issues of concern. 10. ENGINEERING/PUBLIC WORKS A. Discussion of Minnesota Department of Transportation (MNDOT) State Highway 7 Speed Corridor Study Engineer Brown stated a speed study had been conducted by MnDOT on State Trunk Highway 7 between Trunk Highway 25 and Trunk Highway I 00. The purpose of the study was to determine the proper speed limit posting along the segment described. He then went on to explain the projects utilized in the study. He also reviewed the current posted speeds along the roadway with the City limits. He stated MnDOT had performed the necessary calculations and recommended the eastbound and westbound Trunk Highway 7 be posted at 55 miles per hour. He went on to state he had contacted South Lake Minnetonka Police Department Chief Litsey regarding this matter, and due to the numerous entrances off of and on to Highway 7, and associated safety aspects of those entrances, Chief Litsey believed very strongly that the posted speed limit should be 50 miles per hour with the limits described. Engineer Brown also concurred with Chief Litsey's beliefs and need for continued safety for motorist. . After much discussion, Council agreed that posted speed limits should be listed as no higher than 50 miles per hour, and further consideration should also be given toward "blind intersection" signage where appropriate. Engineer Brown thanked Council for its input on this matter. 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown stated the contractor had begun work on the abandonment of utilities to the Tonka Bay Liquor Store site. Property owners along Country Road 19 that were being impacted by the project had been contacted regarding resolution of right-of-way issues, and discussions continued with Hennepin County regarding having the City act as administrator of the project. Administrator Dawson stated a draft cooperative agreement had been presented between the City, County, and the Minnehaha Creek Watershed District regarding the Gideon Glen project. 2. Public Safety Facilities . Administrator Dawson stated the West Side Public Safety Facility was nearing completion and occupancy would be available by year-end. He also noted residents had expressed concern for heightened stages of traffic along Yellowstone Trail, and additional patrol from the SLMPD would be requested. . . . .' REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 2003 Page 7 of7 B. Mayor & City Council There were no reports. 12. EXECUTIVE SESSION - AFSCME LABOR AGREEMENT The Council decided not to recess to Executive Session regarding the proposed Agreement. Zerby moved, Lizee seconded Accepting the Staff Proposal of the AFSCME Labor Agreement. Motion passed 4/0. 13. ADJOURN Zerby moved, Garfunkel seconded, Adjourning the Regular City Council Meeting of December 8, 2003, at 8:15 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recordinl! Secretary {L Woody Love, Mayor