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062496 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JUNE 24, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:32 p.m. A. Roll Call Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Keane and Engineer Larry Brown. B. Review Agenda Present: Stover moved, McCarty seconded to approve the agenda for June 24, 1996, as amended, Item No. 11 should read "Adjourn to Work Session Subject to Approval of Claims." Motion passed 5/0. 2 . APPROVAL OF MINUTES City Council Regular Meeting Minutes - June 10, 1996 Benson moved, Stover seconded to approve the City Council Regular Meeting Minutes of June 10, 1996, as amended on Page 2, Item 6-A, the motion should note McCarty and Bean were the dissenting votes; Page 4, Item 7, the motion should read, "denying the appeal of a zoning ordinance violation of Vernon Faaberg, 4340 Enchanted Drive, and requiring removal of the dock within 15 days"; Page 7 Paragraph 2, Line 4, change "less that" to "less than"; Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for June 24, 1996. McCarty moved, Shaw seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 96-55, "A Resolution Reorganizing the Department of Public Works, Establishing the Position of Supervisor of Operations and Maintenance, and Making an Appointment of Larry Niccum." B . RESOLUTION NO. 96-56, "A Resolution Approving Preliminary Plat - Larson Estates, Applicant Carl Zinn, representing Stephen and Lucinda Larson, 20435 Radisson Road." C. RESOLUTION NO. 96-57, "A Resolution Approving a Conditional Use Permit for Accessory Space over 1,200 Square Feet, Applicant Kevin Johns, 26890 Edgewood Road." . REGULAR CITY COUNCIL MINUTES JUNE 24, 1996 - PAGE 2 D. Authorization of the Purchase of a Melroe-Bobcat Model 753 and a 20' Felling Trailer Model FTI0EW from Lano Equipment of Shakopee, MN in the amount of $11,802.74. Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None. 5. PLANNING - Report by Representative Commissioner Pisula reviewed the actions taken by the Planning Commission at the June 18, 1996 meeting (detailed in the minutes of that meeting). A Motion to Accept the Housing Action Plan . Councilmember Stover expressed concern regarding the comment on Page 8, Point No.4, which stated, "the City will assist in the construction of 60 senior housing units in 1997." She felt it was a very deftnite statement and did not want to commit to something that could possibly not be achieved. City Administrator Hurm explained each November the City has an opportunity to opt in or out of the program. Secondly, it is the intent of the Planning Commission to have the Housing Section of the Comprehensive Plan completed this year and the Housing Action Plan would be considered a section of that. Mayor Bean suggested amending the statement to say, "the City will pursue as a top priority the construction of 60 senior housing units in 1997." Hurm will make the change to Page 8 and submit the plan to the Metropolitan Council. Stover moved, Benson seconded to accept the Housing Action Plan for the Metropolitan Livable Communities Act as amended. Motion passed 5/0. 6. SOUTHSHORE SENIOR COMMUNITY CENTER A. A Motion to Adopt a Resolution Authorizing Funding for Off-Site Improvements Related to the Construction of the Southshore Senior Community Center City Administrator Hurm reviewed the eight bids received as well as the alternates being recommended in addition to the base bid. Mr. Wessling, from TSPIEOS, stated the contractor, GEH Construction, has submitted a Statement of Qua1iftcations as well as veriftcation of recent similar scale projects which have been completed. Mayor Bean asked Mr. Wessling to address the issue of the partitions and what the ramiftcations would be of delaying the addition of the partitions for a year or two. Wessling stated inflation could have an effect. The structure which supports the partition would be in place since it is integral to the structure itself. In addition, it would be expensive and difficult to complete at a later date. Some of the ftnishes would need to be replaced in the areas directly affected by installation of the partitions. This would involve the two largest rooms in the facility. Mayor Bean further asked if additional cabinets could be readily added. Wessling conftrmed they could be added at a later date and suggested at that point in time, the counter top under the sink should also be replaced. . Mayor Bean also inquired if there was conftrmation on the floor tile which was to be donated. Wessling stated a vendor had been approached and had accommodated the suggestion that if the . . . REGULAR CITY COUNCIL MINUTES JUNE 24, 1996 - PAGE 3 City were to provide the labor for the installation of the tile, the vendor could possibly donate the materials. This has not been verifted. Hurm questioned the $3,5000 addition to the contract. Wessling explained the process of laying carpet is an easier and more inexpensive process than laying tile. McCarty moved, Stover seconded, to adopt RESOLUTION NO. 96-58, Authorizing the Funding for Off-Site Improvements Related to the Construction of the Southshore Senior Community Center. ~ Motion passed 5/0. B . Consideration of Options on Minnehaha Creek Watershed District Requirements City Engineer Brown reviewed the matter in detail. Mayor Bean asked Brown to generally outline the cost alternative relative to the acquisition of land off of Smithtown had this site been utilized for ponding. Brown stated it would have been approximately $30,000 to $35,000. Mayor Bean inquired how close the pond will be located to the football fteld. Brown stated the football fteld will be moved to the west approximately 20 to 25 feet and, therefore, the pond will be approximately 25 feet from the edge of the fteld. Hurm stated the Football Association had asked for some top soil to be added to the site. The football field will not be available for use this fall, however, Freeman Park may be available during the daytime hours. Mayor Bean inquired what plans would be made to make the pond as much of an amenity to the property as possible. Brown stated a suggestion had been made by the Watershed District of a wild flower planting. Various landscaping alternatives are available. Councilmember Stover asked what the ordinance would require with respect to fencing this pond. Brown stated fencing would not be recommended for a number of reasons including the fact that the fence acts as a trash collection point as well as it would hamper rescue operations should an incident occur in the pond area. Stover felt there was a safety concern with the pond being located in the park where children are routinely present. Mayor Bean suggested modest berming around the football side of the pond. Brown stated a small berm would be possible, however, it would be limited by the space available. Brown stated a berm had not been considered since it would tend to hamper visibility in the event someone was in the pond area and required assistance. Councilmember Benson inquired if the soil to be placed on the football field was suitable. Brown stated this had been a major concern, however, it is anticipated the soil will be sufftcient to provide good turf cover. In addition, various projects throughout the city have offered to bring top soil to the site. C . A Motion to Adopt a Resolution Accepting the Bids and A warding a Contract for the Southshore Senior Community Center Contingent Upon Minnehaha Creek Watershed District Approval City Administrator Hurm explained the matter. Stover moved, McCarty seconded, to adopt RESOLUTION NO. 96-59, Accepting the Bids and A warding a Contract for the Southshore Senior Community Center to . . . REGULAR CITY COUNCIL MINUTES JUNE 24, 1996 - PAGE 4 GEH Construction, Inc., including all of the alternates, subject to approval by the Minnehaha Creek Watershed District. Councilrnember McCarty inquired if the plantings would also be included. Stover stated she would like to see it accepted in this manner given the history of landscaping being completed within the city. McCarty stated the alternates would be an additional $35,000 and she felt the plantings could be completed at a later time for less than the $18,000. Councilmember Benson stated there are generous people in the community whQ.. would participate in seeing this completed as well as possible participation from the garden club. Mayor Bean pointed out that the C.D.P. specifications require the plantings to be completed. Councilmember Shaw suggested taking bids from local landscaping businesses. Brown asked if this item could be left in the contract while the City explores alternatives and then use either a change order or a deduct with respect to the contract. Wessling suggested leaving this item out of the contract at this time and asking the contractor to hold the price open. The City would need to act immediately to secure a price for the plantings and if the $18,000 was a fair value, it could be added back into the contract as a construction change order. Stover moved, McCarty seconded to amend the motion excluding Alternates 2 and 4, and requiring a decision within 60 days with regard to the plantings and who will complete them. Motion passed 5/0. Bob Gagne, President of the Friends, thanked the Council for their work on the Southshore Senior Community Center. He stated the Friends have officially raised $100,000 for this project. 7. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE AMENDING SECTION 501 - GENERAL HEALTH AND SAFETY PROVISIONS City Administrator Hurm explained the recommendation being made by Fire Marshal Cary Smith which would amend Chapter 501 of the Shorewood City Code specifically addresses home heating fuel tanks and proper permits and fees associated with removal or abandonment of such systems. Councilmember Benson inquired if the City would more proactively look for these situations and Hurm stated he was not sure that would be the case. The abandonment language is currently contained in the Code. Benson moved, Stover seconded, adopting an ordinance amending Section 501 - General Health and Safety Provisions. Motion passed 5/0. . . . REGULAR CITY COUNCIL MINUTES JUNE 24, 1996 . PAGE 5 8. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE ESTABLISHING PARKING RESTRICTIONS AT CHRISTMAS LAKE ACCESS City Attorney Keane addressed this issue and recommended the Council agree on a dollar amount for a fine which would be a petty misdemeanor level offense. Keane recommended $25 to $30. Mayor Bean suggested a change in the wording to reflect "a fine not to exceed $35 and/or towing." Councilmember Shaw felt the words "may be" should be changed to "shall" with regard to the statement that violations "may be" subject to a fine and towing. Councilmember Stover explained she had requested the words "may be" to give the police officer a choice with regard to towing. Keane stated this would afford the on site officer as well as the Court some discretion based on the facts and circumstances. Councilmember Stover suggested a fme not to exceed $35 and there would still be the option of using a $25 fine. Benson moved, McCarty seconded, adopting an ordinance establishing parking restrictions at Christmas Lake Access as amended to reflect "a fine not to exceed $35 and/or towing." Motion passed 5/0. 9. ADMINISTRATOR & STAFF REPORTS Update on Shady Hills Traffic Study City Engineer Brown stated a speed study had been completed with regard to the Shady Hills area. A Neighborhood Information Meeting has been set for July 23, 1996, at 5:30 p.m. at the Shorewood City Hall Council Chambers. Suggested alternatives will be discussed with the neighborhood residents. City Attorney Keane informed the Council a lawsuit has been flied against the City with regard to inverse condemnation, mandamus, and a drainage issue. The defense has been submitted to the insurance carrier. City Administrator Hurm stated he had received a form used to certify local performance aid payable for 1997. A portion of the shared revenues will be recovered if the City has a performance measurement. The forms will be completed and submitted which will result in a return of lost funds. Administrator Hurm also informed the Council a meeting will be held in the Council Chambers to present to representatives of the various lake area City Councils a study which was completed on public safety in the Lake Minnetonka area. Administrator Hurm introduced Jason Henderson who will be completing an internship with the City. 10. MA YOR & COUNCIL REPORTS - None. . . . REGULAR CITY COUNCIL MINUTES JUNE 24, 1996 - PAGE 6 11. ADJOURNMENT Stover moved, Benson seconded to adjourn the City Council meeting at 8:54 p.m. to a Work Study Session subject to approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: (...j '~~ ROBERT B. BEAN, MAYOR c S C. HURM, CITY ADMINISTRATOR