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020904 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 9, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:03 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Turgeon, and Zerby, Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Councilmember Lizee B. Review Agenda Mayor Love reviewed the Agenda for the evening. Administrator Dawson requested Item 12 be changed to Executive Session. Zerby moved, Turgeon seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, January 26,2004 Garfunkel moved, Turgeon seconded, Approving the City Council Special Meeting Minutes of January 26, 2004, as presented. Motion passed 4/0. B. City Council Work Session Meeting Minutes, January 26, 2004 Zerby moved, Garfunkel seconded, Approving the City Council Work Session Meeting Minutes of January 26, 2004, as presented. Motion passed 4/0. C. City Council Regular Meeting Minutes, January 26, 2004 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of January 26, 2004, as presented. Motion passed 4/0. D. City Council Work Session Meeting Minutes, January 26, 2004 Garfunkel moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of January 26, 2004, as presented. Motion passed 4/0. 3. CONSENT AGENDA . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 9, 2004 Page 2 of6 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. Staffing - No action required C. City Clerk's License Approvals - No action required D. Adopting RESOLUTION NO. 04-013, "A Resolution Authorizing Submittal of the 2004 Hennepin County Grant Application for Municipal Source Separated Recyclables." E. Temporary Sign Permit Approval for Curves for Women, 19905 Highway 7 (Waterford Center) F. Sign Permit Approvals for Great Clips, 23760 State Highway 7 and for Pizza Prima, 23770 State Highway 7 G. Authorize to Release Escrow Account for 6070 Strawberry Lane - Ryan Johannsen Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Presentation by Shorewood Parks Foundation Ken Dallman, 5780 Eureka Road, and President of the Shorewood Parks Foundation, presented the City with a check in the amount of $5,000 from the proceeds of the 2nd Annual Art for the Parks event held on November 1,2003. He stated he believed the Art Show to be a success, and he looked forward to the 3rd Annual show to be held on November 6, 2004. He thanked all the volunteers for their efforts at the most recent show, and stated he appreciated Woody Love's contributions toward graphics and publicity of the event. He went on to note the Parks Foundation was planning a Breakfast /Brunch for May 25,2004 as a fundraising event. He invited all Council to act as table captains and invite seven other guests to this event. He stated the Parks Foundation enjoyed being able to present the Council with the proceeds from the Art for the Parks event. Mayor Love thanked Mr. Dallman and the Parks Foundation, noting he appreciated all the hard work that had gone into planning and participation in the Art for the Parks event. He also appreciated the Foundation's efforts in meeting its goals for the year. In response to Councilmember Turgeon's question, Mr. Dallman explained the brochure detailing the project was in need of update to include the family patio idea that would utilize the bricks purchased as part of on going fundraising efforts. . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 9, 2004 Page 3 of6 6. PUBLIC HEARING None. 7. PARKS There had not been a meeting of the Park Commission since the most recent Regular City Council Meeting; thus, there was nothing to report. Engineer Brown noted a Park Commission Meeting was scheduled for Tuesday, February 10,2004. 8. PLANNING Chair Bailey reported on the February 3,2004, Planning Commission Meeting (as detailed in the minutes of that meeting). Councilmember Turgeon complimented Chair Bailey and Vice Chair Pisula and the Commission on a job well done in the past year. 9. GENERAL/NEW BUSINESS A. Nelson Right-of-Way Permit - Birch Bluff Road Director Nielsen explained an encroachment agreement had been prepared by the City Attorney regarding a request for a right-of-way permit for Dan and Melissa Nelson regarding property on Birch Bluff Road. He stated there were two properties currently encroaching on the Second Avenue right-of- way including a driveway to the east and a retaining wall to the west. He noted the agreement noted stipulations regarding corrections to a retaining wall. Director Nielsen noted issues of concern were still being discussed with the Nelsons', including how best to position a twelve-foot-wide driveway in the limited 22 feet available for construction of that driveway. Mayor Love questioned how many memorial (i.e., old) trees were to be impacted with the potential manhole and curb cut slated for the access to the property. Greg Buckley, 25885 Birch Bluff Road, submitted a letter into the record for Council review, noting his concerns for fiduciary responsibility of his retaining wall, projected tree loss for the potential project, stormwater runoff plan, and safety of his children related to the height and length of the retaining walls required near the proposed driveway. Carrie Dorfman, 25845 Birch Bluff Road, requested information on City policy regarding remuneration should any items on her property be destroyed or damaged as a result of the construction issues associated with the Nelsons' proposal. Attorney Keane stated the agreement would hold the applicant responsible for any damage, and noted it would seem prudent to consider negotiating the value of the memorial trees on her property that could be in jeopardy as a result of any construction on the applicant's site. In response to Mayor Love's questions on drainage and retaining wall safety issues, Engineer Brown stated the topography and runoff flowed downhill, and the proposed driveway would need to be constructed lower than the surrounding area and thus, would act as a catch basin of sorts to direct water flow to an appropriate outlet. He also stated the retaining wall would need a guard rail if it's height was CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 9, 2004 Page 4 of 6 . over four feet. He noted with the potential safety hazards of having children in the area; he encouraged the applicants to put a guardrail atop the proposed retaining wall. Dan Nelson, applicant, stated he would prefer two shorter retaining walls along the driveway area versus one wall as the condition of the current wall was quite unique. He also stated the height of the retaining wall proposed varied near four feet. He stated his plans attempted to have construction as close to the retaining wall, and as far away from the memorial oak tree in the area of the driveway, as possible. In response to Councilmember Turgeon's questions, Engineer Brown explained the construction plans were pushing all constraints associated with the property, and he anticipated construction to be difficult. He believed constructed plans presented thus far could be constructed, however the technical items had not yet been approved as part ofthe planning process for this project. Discussion ensued regarding the indemnification aspects should damage occur to the trees and surrounding properties during construction. Further discussion ensued regarding the encroachment issues and associated implications from this action on the City's behalf. Mr. Nelson stated without access to the property, the official purchase of this property would not be taking place, thus, the request was being made at this time. Councilmember Turgeon stated she thought it imperative issues such as this one be placed on the Planning Commission Agenda for consideration and recommendation prior to Council taking action. . Councilmember Garfunkel noted if the City had historically granted requests such as this one, and the City was legally protected from damages incurred as a result of construction to the properties in the area, it seemed as though the issues presented this evening requiring resolution could be found between the private parties involved in the project and adjoining neighbors. Turgeon moved, Zerby seconded, Approving the Encroachment Agreement for 26075 Birch Bluff Road, subject to Engineering, and Planning Staff Recommendations, and a maintenance agreement be utilized for the sanitary sewer. Motion passed 4/0. B. City Hall Assessment Report Administrator Dawson explained Bill Baxley of the BKV Group was present this evening to briefly review and present the City Hall Space Needs Assessment Report. Mr. Baxley briefly reviewed four options available to the City for consideration of appropriate space needs for City Hall into the future. He stated very rough cost estimates had been provided, including "soft costs" in effort to provide consideration of the magnitude of the four scenarios shared as Council began to consider viability of City Hall in future years. . Councilmember Zerby stated he would like to see inclusion of a scenano that included complete construction of a new facility in the vicinity of the Public Works site. Mayor Love agreed this scenario might need to be added at a later date should Council agree a new facility would be the best option to proceed. However, it was important to request and receive information regarding the imminence of environmental concerns currently associated with the present building. . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 9, 2004 Page 5 of6 Zerby moved, Turgeon seconded, Approving the City Hall Space Needs Assessment Report. Motion passed 4/0. C. 2004 Work Plan/Goals and Priorities Administrator Dawson briefly reviewed the 2004 Work Plan and related Goals and Priorities for Council. Garfunkel moved, Turgeon seconded, Approving the 2004 Work Plan. Motion passed 4/0. D. Endorsements for Appointments to MCWD Board of Managers Mayor Love noted that given the County's action scheduled tomorrow, Council would not be able to make a fully informed recommendation for appointments of the Board of Managers for the Minnehaha Creek Watershed District. E. Building Code Ordinance Director Nielsen explained the City Code was being updated through Ordinance to include the International Building Code, and would also adopt the Minnesota Fire Code requirements. Garfunkel moved, Turgeon seconded, Adopting ORDINANCE NO. 400, "An Ordinance Amending Chapter 1001 of the Shorewood City Code Relating to Adoption of the Minnesota State Building Code." Motion passed 4/0. 10. ENGINEERING/PUBLIC WORKS None. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson stated the County Road 19 Intersection Project was moving forward appropriately with construction being currently planned by representatives of Hennepin County in spring of this year. He noted the project was contingent upon gaining right-of-way for the project. Engineer Brown noted the engineering design and landscape documents were nearing completion as the project moved forward. 2. Public Safety Facilities Administrator Dawson stated the West Side Public Safety Facility was occupied and the East Side Facility was experience a slight delay due to the cold weather. Administrator Dawson congratulated Finance Director Burton and Staff for a job well done in receiving the Certificate of Achievement in Financial Reporting. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 9, 2004 Page 6 of6 . B. Mayor & City Council Mayor Love reported he had recently been interviewed regarding the recent actions of the four city councils associated with the South Lake Minnetonka Police Department budget. Mayor Love recessed the Regular City Council Meeting to Executive Session at 8:32 P.M. 12. EXECUTIVE SESSION Mayor Love convened the Executive Session at 8:33 P.M. Council, Attorney Keane, Administrator Dawson, and Planning Director Nielsen were present to discuss information related to litigation filed by Minnetonka Moorings, Inc. Mayor Love recessed the Executive Session Meeting to return to Regular City Council Meeting at 8:48 P.M. 13. ADJOURN Turgeon moved, Garfunkel seconded, Adjourning the Regular City Council Meeting of February 9,2004, at 8:49 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, . Recordine: Secretary Woody Love, Mayor .