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062899 CC Reg Min• CITY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, JUNE 28,1999 MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 p.m. A. Roll Call CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Mavor Love; Councilmembers Garfunkel, Stover, Lizee and Zerby; City Engineer Brown, Planning Director Nielsen, and City Attorney Keane. B. Review Agenda Garfunkel moved, Stover seconded to accept the agenda as amended: Table Item 3C on the Consent Agenda. Motion passed 510. C. Presentation to Dennis Johnson for 25 Years of Service iMayor Love presented an Appreciation of Service Certificate to Mr. Dennis Johnson for 25 years of service. Mr. Johnson thanked Engineer Brown and all others who were a help to him in the last 25 years. Engineer Brown also commended the work Mr. Johnson has done over the years. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes - June 14,1999 Garfunkel moved, Stover seconded to approve the City Council Special Meeting Minutes of June 14,1999 as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes - June 14,1999 Garfunkel moved, Zerby seconded to approve the City Council Regular Meeting Minutes of June 14,1999 as presented. Motion passed 510. C. City Council Work Session Meeting Minutes - June 14, 1999 n �J I CITY COUNCIL REGULAR MEETING MINUTES JUNE 28,1999 - PAGE 2 • Lizee moved, Garfunkel seconded to approve the City Council Work Session Meeting Minutes of June 14,1999 as presented. Motion passed 510. 3. CONSENT AGENDA Lizee moved, Stover seconded approving the Motions contained on the Consent Agenda as presented, and Adopting the Resolutions therein: A. A Motion Authorizing Extension of Contract and Increase in Fees for Assessing Services From Hennepin County B. A Motion to Adopt RESOLUTION NO. 99-044. "A Resolution Authorizing the City to Become a Member of the LOGIS Group." TABLED TO JULY 12,1999 COUNCIL MEETING C. A Motion to Adopt a Resolution Accepting Public Improvements and Authorizing Final Payment for City Project 95-17, Strawberry Lane Improvement Project Motion passed 510. 4. MATTERS FROM THE FLOOR • There were none at this time. 5. PARKS - Report by Representative A. Report on Park Commission Meeting - June 22,1999 Commissioner Puzak reported on the Park Commission meeting held on June 22, 1999 as reported in the minutes, highlighting the fact that the meeting was a joint Park Commission - City Council meeting. B. Consideration of a Motion to Adopt a Resolution Declaring a Community Blitz for Support of Park and Recreation Projects Mayor Love stated that this may not be a good time to vote on this issue, as the joint meeting was not well advertised. It was publicized enough for legalities, but Mayor Love felt that the public did not have a chance to be present and offer input. Councilmember Garfunkel agreed, stating that he did not know this meeting took place until several days afterwards. C7 CITY COUNCIL REGULAR MEETING MINUTES JUNE 28,1999 - PAGE 3 • Lizee moved, Zerby seconded, to schedule another joint meeting with the Park Commission on their regular meeting day, which is July 13, 1999, to begin at 8:00 p.m. Motion passed 510. 6. PLANNING - Report by Representative Commissioner Skramstad reported on the Planning Commission Meeting of June 22, 1999 as reported in the minutes. A. Consideration of a Motion to Adopt a Resolution Approving a Final Plat and Final Plan - Shorewood Ponds Planning Director Nielsen reported that, while there are a few technical blanks and clerical changes to the draft agreement, the substance of the agreement is in order. Also, the Declaration of Covenants has been received by staff, but has not been reviewed as yet. Staff recommends approval of the agreement, subject to review of, and agreement with, the Declaration of Covenants. Councilmember Garfunkel stated he would prefer all documents be completed before voting on this issue, and asked if there is a time constraint. Mr. Bill Gleason of Eagle Crest Development addressed the Council regarding the • Declaration of Covenants, and stated that in most cases this document is presented after the plat approval. Councilmember Garfunkel stated his concern that he is being asked to cast a vote on documents he has not yet seen. Mr. Gleason pointed out that the City Council would still have the power to change the Covenants if they saw the need. As far as time constraints, a delay would negatively impact Eagle Crest's ability to adhere to the agreed upon construction times. He noted the Lan -de -con property has been purchased, but they just have a purchase agreement with the Wagners who are hoping to close very soon due to some medical issues. Normally, as a developer, they like to get the development loan in place at the same time as closing with the underlying properties. He added they are extended at this point, and hope to move the final processes along quickly. Councilmember Stover asked if the final plat could be approved, and the Covenant considered later. Attorney Keane stated that this would not be a problem. Councilmember Garfunkel maintained that there are a lot of unresolved issues, and he • would like to see everything done in a complete and orderly fashion. Some of the documents still have blanks on them. CITY COUNCIL REGULAR MEETING MINUTES JUNE 28,1999 - PAGE 4 • Mr. Gleason stated that those blanks are numbers that the City has to calculate, such as Park Dedication Fees and so on. Councilmember Lizee asked if the Schedule of Work in the Agreement (Page 3) put undue stress on Eagle Crest to meet the dates. Mr. Gleason stated those dates could still be met since the project has been scheduled to meet them. The only question is whether the landscaping will be completed by October 31, 1999. But, the construction and roads should be done. Mr. Gleason summarized the additional work that needs to be done by Eagle Crest in order to finalize the plat and plan. Councilmember Zerby stated that the blanks in the agreement seem to be in order with staff expectations, but would like to see the Covenants, and suggested any motion made be contingent upon City Council acceptance of them. Lizee moved, Stover seconded a motion to adopt RESOLUTION NO. 99-045, "A Resolution Approving a Final Plat and Final Plan - Shorewood Ponds," as amended by staff and with a notice that the Declaration of Covenants is subject to staff and City Council approval at a reasonable date. Motion passed 4/1 (Garfunkel opposed). • B. Consideration of a Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit and Setback Variance for Accessory Structure Over 1,200 Square Feet Applicant: Ron Lind Location: 26400 Strawberry Court Planning, Director Nielsen summarized the request from Mr. Lind to build a utility shed. Staff recommends approval and the Planning Commission recommended approval on a 5- 2 vote. _ Councilmember Zerby pointed out that it seems the conditional use, specifically for accessory structures over 1,200 square feet, comes before the Council quite often, and asked if the Ordinance should be looked at. Planning Director Nielsen stated that this has been discussed, but consensus was that there are enough instances where the Council would like input on accessory structures over 1,200 square feet, so leaving, the Ordinance as is seems to be the best course. Stover moved, Lizee seconded a motion to direct staff to prepare findings of fact regarding a Conditional Use Permit and Setback Variance for accessory structure over 1,200 square feet for Mr. Ron Lind, 26400 Strawberry Court. Motion passed • 5/0. CITY COUNCIL REGULAR MEETING MINUTES JUNE 28,1999 - PAGE 5 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION • DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES FOR WATERMAIN EXTENSION - EDGEWOOD ROAD Engineer Brown reported on the request for water service by three residents of Edo, Road. This project would be done in conjunction with the Noble Road reconstruction project. to keep the cost down on this fairly small project. Mayor Love pointed out that this petition is 100% of the residents, as pertains to the discussion of the water system at the last City Council Work Session. Councilmember Lizee expressed concern that this might lead to many small sections of watermain being installed as neighborhoods request, rather than a more cost effective way. Garfunkel moved, Stover seconded a motion to adopt RESOLUTION NO. 99-046. "A Resolution Declaring Adequacy of Petition and Ordering Preparation of Plans, Specifications and Estimates for Watermain Extension - Edgewood Road." Motion passed 510. 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION • ACCEPTING BOULDER BRIDGEIBADGER FIELD WATERMAIN PROJECT #95-16 AND AUTHORIZE FINAL PAYMENT Councilmember Lizee thanked Engineer Brown for following through on this project. Garfunkel moved, Zerby seconded a motion to adopt RESOLUTION NO. 99-047, "A Resolution Accepting Boulder Bridge/Badger Field Watermain Project #95-16 and Authorize Final Payment." Motion passed 510. 9. CONSIDERATION OF A REQUEST FROM MULLIGANS LANDSCAPING REGARDING TREE PRESERVATION PLAN Planning Director Nielsen reported on the request from Mulligans Tree Moving and Landscaping Company to allow them to plant additional trees rather than replace some undersized trees. He explained there is some concern on this project that there may not be room for enough additional trees at the specified site. Councilmember Lizee mentioned the Tree Fund that has been discussed by the Planning Commission, and the option of planting some of the additional trees at other locations in the City. 0 CITY COUNCIL REGULAR MEETING MINUTES JUNE 28, 1999 - PAGE 6 • Planning Director Nielsen stated that if suitable locations can be found on site, that would be the primary choice. If not, putting the trees on specified City land is an acceptable substitute. Stover moved, Garfunkel seconded a motion approving a request from Mulligans Landscaping regarding their Tree Preservation Plan. Motion passed 510. 10. CONSIDER A MOTION REGARDING APPEAL OF NOTICE TO REMOVE Appellant: John Pastuck Location: 20345 Excelsior Blvd. Plannina Director Nielsen reported that Mr. Pastuck has ordered collector plates for the car in question, and Nielsen has requested that he provide documentation in proof that these plates will be sent. The five days requested by staff should be sufficient to clean up the other items on the property, and provide this documentation, or move the car. Garfunkel moved, Stover seconded a motion to grant an additional five days for removal of items, and proof of application for collectors plates, for Mr. John Pastuck, 20345 Excelsior Blvd. Motion passed 510. 11. CONSIDERATION OF A MOTION APPROVING AMENDMENT TO S PERSONNEL POLICY REGARDING DONATION OF SICK LEAVE Engineer Brown reported on the needs of Mr. Jeff Jensen, who was seriously injured in an automobile accident. Staff requests the ability to donate sick leave to Mr. Jensen on a voluntary basis, as he has used all of his. Councilmember Garfunkel stated that this time is earned by the employee to do with as they see fit, including giving it away. Engineer Brown stated that the only "stumbling block" may be the accounting. Planning Director Nielsen stated that he had spoken with Finance Director Rolek, who provided answers as to how this would work, and he also has obtained some information from other cities in regard to implementing a policy of this type. Councilmember Zerby asked about Short Term Disability Insurance, and whether this is available to City employees. Also, Zerby expressed concern that sick time may be used as trade tokens among employees. Planning Director Nielsen stated that staff is aware that this is a special case, and also aware that abuse of the right would lead to losing it. r� U CITY COUNCIL REGULAR MEETING MINUTES JUNE 28,1999 - PAGE 7 • Mayor Love agreed that the Short Term Disability Insurance issue needs to be looked into in the future. but right now there is an employee in need. Stover moved, Lizee seconded a motion to approve a temporary amendment to personnel policy regarding donation of sick leave, to cover the next six weeks, and authorization for a letter of agreement with A.F.S.C.M.E., the bargaining unit for the Public Works Department. Motion passed 510. 12. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Methods of Handling Dogs with Bite History Planning Director Nielsen reported on a background check done regarding biting dogs - 28 complaints since January, 1995. There was also, one case from Orono Animal Control since January, 1998 and one from Chanhassen Animal Control prior to that. Police reports on these complaints have been requested. Also, education may be the best first approach to take, and a newsletter article may help to gauge interest or concern on this subject. Councilmember Lizee asked who determines the registration and ultimately the fate of dangerous dogs. 0 Attorney Keane replied that county governments generally make the policy. B. Staff Report on Request for Cat Ordinance Planning Director Nielsen reported on the letter received from a citizen questioning why cats are not Iicensed when dogs are. In neighboring cities, licensing cats or having an ordinance seems to be a ;rowing trend. Mayor Love asked if there have been many complaints regarding cats at large and if Shorewood would need an ordinance to address the problem. Planning Director Nielsen stated that the complaints have been sporadic at best, and an article in the newsletter may help gauge interest or concern. Engineer Brown pointed out that many complaints come when a dog owner is upset about dog regulations. Councilmember Stover stated she has received numerous complaints and asked if there would be any way to implement a control ordinance for cats. Planning Director Nielsen stated that Chanhassen's policy seems to be fairly easy to is implement, and would be the best to study. CITY COUNCIL REGULAR MEETING MINUTES JUNE 28,1999 - PAGE 8 • Councilmember Zerby questioned why cats are not licensed, or if there are any ordinances that cover loose animals in general, cats or any other loose animal. Mayor Love stated that he is not compelled on an issue of fairness of cat owners versus dog owners but felt a nuisance problem would be a concrete reason to discuss this issue. Councilmember Garfunkel suggested monitoring complaints over the next 6 months to see how many complaints and how much concern exists on this subject. 13. MAYOR & CITY COUNCIL REPORTS A. Establish Work Session Meeting Date to Discuss Water Policy Planning Director Nielsen presented a memo from Jim Hurm which includes items that need work sessions. Discussion led to the following dates: 1. Pay Scale - July 12, 1999, after regular meeting. 2. City Water Policies - July 19, 1999 at 6:00 p.m. 3. Administrator Evaluation with Tom Allen - Mayor Love and Councilmember Lizee are to meet with Mr. Allen to discuss. B. Discussion on Council Photo Display and Art Work for Chambers Councilmember Lizee summarized her suggestion in making the City Hall more "people friendly" by including historical photos, and a community art gallery setting featuring local artists. Consensus was reached that this was a wonderful idea and for Councilmember Lizee to continue to gather information and move forward with this idea. Councilmember Lizee agreed to move forward with the project, and indicated she will report back to the Council. 0 CITY COUNCIL REGULAR MEETING MINUTES JUNE 28,1999 - PAGE 9 • 14. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Garfunkel moved, Stover seconded to Adjourn at 8:45 p.m. subject to approval of claims. Motion passed 510. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary Timesaver Off Site Secretarial, Inc. WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR •