041299 CC Reg MinCITY OF SHOREWOOD
CITY COUNCIL MEETING
46 MONDAY, APRIL 12,1999
MINUTES
1. CONVENE CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
Mayor Love called the meeting to order at 7:00 p.m.
A. Roll Call
Present: Mayor Love; Councilmembers Garfunkel, Stover, Lizee and Zerby; Administrator
Hurm; Planning Director Nielsen; Finance Director Rolek; City Engineer Brown
and City Attorney Keane.
B. Review Agenda
The agenda was accepted as amended: Add item 12B: EUREKA OPEN SPACE WATER
ASSESSMENT REBATE, and remove item 8.
2. APPROVAL OF MINUTES
• A. City Council Executive Session Meeting Minutes - March 22,1999
Lizee moved, Garfunkel seconded to approve the City Council Executive Session Meeting
Minutes of March 2,1999, as presented. Motion passed 5/0.
B. City Council Special Meeting Minutes - March 22,1999
Lizee moved, Garfunkel seconded to approve the City Council Special Meeting Minutes of
March 22,1999, as presented. Motion passed 5/0.
C. City Council Regular Meeting Minutes - March 22,1999
Garfunkel moved, Zerby seconded to approve the City Council Regular Meeting Minutes
of March 22, 1999 as amended: Page 3, Paragraph 4, ...as this become open, they
should ... to the Park Foundation. Motion passed 5/0.
D. City Council Special Meeting Minutes - March 29,1999
Lizee moved, Zerby seconded to approve the City Council Special Meeting Minutes of
March 29, 1999 as amended: Page 1, Item 2, Paragraph 4, ...in favor of allowing for
expansion of the ... current policy seems to result in contractors... Motion passed 3/0
(Commissioners Garfunkel & Stover abstain).
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 12,1999 - PAGE 2
E. City Council Executive Meeting Minutes - March 29,1999
Lizee moved, Zerby seconded to approve the City Council Executive Meeting Minutes of
March 29, 1999 as presented. Motion passed 310 (Commissioners Garfunkel & Stover
abstain).
3. CONSENT AGENDA
Garfunkel moved, Zerby seconded approving the Motions contained on the Consent
Agenda as presented, and Adopting the Resolutions therein:
A. A Motion Approving ADA Addendum to Job Description for Liquor
Operations Manager Position
B. A Motion Adopting RESOLUTION NO.99-019, "A Resolution Authorizing
the Mayor and City Clerk to Enter Into a License Agreement With Hennepin
County for Use of Electronic Data."
C. A Motion Adopting RESOLUTION NO. 99-020, "A Resolution Approving
Change Order for Project No. 95-17 Strawberry Lane."
Motion passed 510.
• 4. MATTERS FROM THE FLOOR
Bob Gagne, 24850 Amlee Road, discussed the situation at the Senior Center. He reported the
ceiling is still leaking and he would like Engineer Brown to take a look at it. Mr. Gagne also
asked Attorney Keane about the status of the law suit and asked that work continue so a solution
can be realized in the near future.
Engineer Brown asked Mr. Gagne to report any situation to staff first. He brought up a memo he
had received from Attorney Alsop stating that the bonding company met with GEH that day and
they may know in the very near future as to whether the bonding company will accept the
current negotiation.
5. PARKS - Report by Representative
A. Report on Park Commission Meeting Held March 23,1999
Commissioner Dallman reported on the meeting of March 23 as reported in the minutes,
highlighting the reconfiguration of Field #2 at Freeman Park, and the discussion of the
Comprehensive Plan and the suggested changes. Commissioner Dallman also recapped the trail
walk held on Saturday, April 10, including the discussion with citizens after the walk regarding
their desire for trails in Shorewood.
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CITY COUNCIL REGULAR MEETING MINUTES
APRIL 12,1999 - PAGE 3
B. Consideration of an Ordinance Adopting a Formula to Determine Park
• Dedication Fees
Commissioner Dallman stated that the recommendation of the Park Commission was to change
the Park Dedication Fees to be 5% of the value of the raw land, with a cap at $7,500.
Mayor Love expressed concern regarding the proposed increases in Park Dedication Fees. He
also voiced his concern about relying on future development to increase parks land, as the City is
reaching maximum development capacity.. Mayor Love stated he would welcome more
discussion on this issue before voting on it.
Commissioner Garfunkel questioned how these figures were arrived at and stated there is no
basis for comparison. Garfunkel also pointed out the issue of affordable housing in Shorewood
and how this increase would make that goal more difficult.
Commissioner Dallman suggested a joint discussion between the Park Commission and the City
Council.
After discussion, the Council members agreed to hold a joint meeting with the Park Commission
on May 11, 1999.
6. PLANNING - Report by Representative
• Commissioner Turgeon reported on the Planning Commission meeting held on April 6, 1999 as
reported in the minutes.
7. CONSIDERATION OF A REQUEST FROM CHAMBER OF COMMERCE FOR
CITY REPRESENTATIVE TO THE 4TH OF JULY COMMITTEE &
DISCUSSION ON FUNDING OF ACTIVITY
Terry Roeser of the Excelsior Chamber of Commerce explained her letter of request regarding
funding for additional police protection and sanitation for the fourth of July celebration. She
stated they are also requesting a City representative from Shorewood for the 4th of July
Committee to help make this a family -oriented event.
Mayor Love stated that he has been involved for approximately 11 years in the fireworks safety
issues and would like to see another Councilmember involved with the events.
Councilmember Zerby expressed interest and volunteered his time to the committee, at which
time Ms. Roeser provided information on their next meeting, May 5th at 7:30 p.m.
Mayor Love questioned the funding that has been requested. Ms. Roeser reiterated that this
funding is not to go for fireworks, but for extra police patrolling and sanitation.
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CITY COUNCIL REGULAR MEETING MINUTES
APRIL 12,1999 - PAGE 4
• Commissioner Garfunkel pointed out that last year the Council voted not to put this money into
the budget, so it would have to be allocated from somewhere else.
Commissioner Stover stated she does not believe that tax dollars should be used as contributions.
If citizens wish to contribute on a personal level that is one thing, but contribution to any
organization is not where tax dollars should go.
Mayor Love pointed out that this is a community event and many people from Shorewood would
be involved.
Commissioner Zerby stated that payment for services is different than a gift. In this case, the
City would be assisting in payment for services such as the police patrols and sanitation services.
Zerby moved, Lizee seconded to contribute $1,000 to the Excelsior Chamber of Commerce
Committee for the 4th of July Celebration to assist in the expenses of police and sanitation
services. Motion passed 510.
8. CONSIDERATION OF A MOTION REGARDING A SETTLEMENT
AGREEMENT WITH OSM PER RECOMMENDATION OF CITY ENGINEER &
ATTORNEY
Removed from the agenda.
9. DISCUSSION ON COMPREHENSIVE PLAN
A. Natural Resources Chapter
B. Land Use Chapter
Planning Director Nielsen presented comments received from Councilmembers which were
summarized for ease of discussion.
Mayor Love suggested going over each general area to determine if the intent has been changed,
or if the changes are "word-smithing."
Councilmember Garfunkel pointed out first that there seems to be a general direction of not using
the terms "preserve" or "preservation." He noted that in a couple of places this changes the
intent significantly.
Councilmember Stover asked when the most recent changes were made.
Planning Director Nielsen stated that the pages have different dates on them, as the date is only
changed if the pages themselves had changes.
Councilmember Lizee explained that her suggestions were more toward word-smithing, as she
agrees with most of the current intent.
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 12,1999 - PAGE 5
• Councilmember Garfunkel expressed concern over using the word "acquisition" as opposed to
the word "preservation," as they don't mean the same thing.
Councilmember Stover stated that the Council needs to decide the importance of acquisition or
maintenance, and needs to decide if the City will control, or rather have Ordinances to suggest to
citizens how to preserve their own land. Stover also pointed out that the Comprehensive Plan is
a City plan, and the City needs to make clear goals and offer opportunities to private landowners
regarding preservation. Stover suggested that the general feel of the document may be too hard.
She indicated she would like to soften it by using words Iike "encourage" and "suggest" rather
than words such as "enforce" or "maintain."
Councilmember Garfunkel disagreed with this and pointed out that Ordinances are not
suggestions. People are expected to comply.
Items where it was determined that intent has changed were taken note of by Planning Director
Nielsen, as well as items which were solely language suggestions. This direction will be taken
back to the Planning Commission.
CONSIDERATION OF A MOTION REGARDING FINAL DRAFT OF
COMPREHENSIVE PLAN
• Planning Director Nielsen stated the Comprehensive Plan was to be done by the end of June, and
the City is requesting a three-month extension. Nielsen stated that there is not really enough
information as yet to take to neighborhood meetings in May. He suggested scheduling these for
July or August.
Stover moved, Lizee seconded directing staff to prepare a Resolution to extend the deadline
for the Comprehensive Plan by 3 months, making it the end of September, for
consideration at the April 26 meeting. Motion passed 510.
10. DISCUSSION ON POTENTIAL OBJECTIVES FOR LAND CONSERVATION
COMMITTEE
Administrator Hurm presented numerical objectives taken from the final Land Conservation
report and recommendations.
Mayor Love suggested that a committee could use these as a suggestion, but should probably
make their own goals in their first few meetings.
Councilmember Stover asked if there was currently a committee.
Mayor Love stated there was not, the three people who did the report are a start, but more people
with a wider base of experience and opinions should be solicited.
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CITY COUNCIL REGULAR MEETING MINUTES
APRIL 12,1999 - PAGE 6
Councilmember Stover stated if a committee is going to be formed, they should know what the
expectations are before they get started.
Councilmember Garfunkel suggested that the subjects of the staff study can define the objectives
but the actual specific numerical objectives can be worked out by the committee.
Administrator Hurm presented a draft of the staff report which included a potential goal
statement and ordinance creating a Land Conservation Committee.
Mayor Love requested information on the process to proceed.
Councilmember Garfunkel asked for another meeting to discuss the goals and objectives.
11. ADMINISTRATOR AND STAFF REPORTS
City Attorney's Memorandum on Declaring an Emergency
Administrator Hurm presented a memo by Attorney Keane (who had to be excused early),
regarding declaring an emergency which was prepared on request from the last meeting.
Councilmember Garfunkel stated that the memo answered his questions quite well regarding the
ramifications of declaring a state of emergency.
• Administrator Hurm invited the Councilmembers to the Lake Minnetonka Area Cooperative
Cities Meeting on Thursday, May 20, 1999 at the Southshore Senior Community Center, where
the sub -regional housing study and informational presentations on affordable housing will be
made.
Administrator Hurm answered questions from the last meeting regarding Tax Increment
Financing (TIF) for the senior housing project, and the water system in particular. He advised
that TIF can be used but the City would have to clearly define their desired outcome right up
front. He suggested some ideas might include to assure public improvements are done in a
certain way, or to keep the units affordable.
Finance Director Rolek stated that at this point, staff is only looking into the possibilities and this
information is only a first step.
Mayor Love stated that a Transportation Advisory Board notice was received and asked for a
Councilmember to attend. Receiving no reply, Mayor Love stated he may be contacting some of
the Councilmembers at a later date to discuss this meeting.
Planning Director Nielsen gave an update on the Gideon's Woods billboard. He reported that the
new president of the association sent a letter to the billboard company demanding that they
remove the billboard. No action has been taken as yet, and Nielsen will continue to monitor the
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CITY COUNCIL REGULAR MEETING MINUTES
APRIL 12,1999 - PAGE 7
• situation. Nielsen also reported on a request for the next meeting agenda to include Aerial
Telecommunications who is asking to locate on the Shorewood water tower.
Engineer Brown reported on a meeting held with Hennepin County regarding the County Road
19 intersection design. Hennepin County has asked the City to formalize the decision in
resolution format, rather than a motion, and this will be on a future agenda. Also, the Capital
Improvement Program calls for retaining wall repairs along Old Market Road. Brown reported
that another area has sustained damage and is in need of repair. Quotes are being requested to
find the most economical way to repair them. Brown also stated that he will attend a pretrial
hearing on Marsh Pointe subdivision which is scheduled for Wednesday, April 14.
Councilmember Zerby asked Engineer Brown to clarify the issue of the Southshore Center's
leaky roof.
Engineer Brown stated the City has offered services, but the bonding company has been in court
with the contractor trying to recoup the funds. Therefore, what Shorewood can or cannot do at
the Southshore Center is currently caught up in a complicated process.
Councilmember Garfunkel questioned the speed limit studies which were done a while ago and
asked if there was any follow up information.
Engineer Brown replied that there is not any follow up right now. The Department of
It Transportation will be sent the petition in the summer and more study can at that time. Engineer
Brown indicated he will send a letter to the involved neighborhood that states this issue is still
under study.
12. MAYOR & CITY COUNCIL REPORTS
Report on the Fire Department Review Committee Meeting Held on March 23,1999
Mayor Love reported on the meeting of March 23, 1999 where the limitations of the existing fire
department were explored. Mayor Love stated that when the building was built in 1957 or 1958,
there were approximately 48 volunteers responding to approximately 200 events. Currently,
there are approximately 28 volunteers responding to approximately 750 events, with no upgrades
made to the station. The meeting ended with this problem foremost in everyone's mind and it
will be explored more thoroughly in the next meeting.
12B. DISCUSSION ON EUREKA OPEN SPACE WATER ASSESSMENT REBATE
Councilmember Garfunkel stated that he had discussed the $4,400 special assessment for water
with some of the original donators of the land. The request was made to take some of this
funding that came back to the Water Fund and give it to MN Land Trust for a stewardship fund
for this land. The point was made that the City had received something of value and MN Land
Trust has worked on this issue very hard. The donators would like to see the City show some
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 12,1999 - PAGE 8
• appreciation in the form of funds to keep the land maintained. Garfunkel stated there were some hard
feelings from the neighbors in response to the City "glossing over" this issue.
•
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Mayor Love stated that this may be the type of issue the Land Conservation Committee would address if
such a committee is formed.
Councilmember Zerby stated that this grant was presented with no "strings." The requests that were
made in the beginning were agreed to and now this request for funding seems to be coming "out of the
blue." Zerby agreed in supporting the Land Trust donation as a separate issue from the assessment rebate.
Administrator Hurm pointed out that normally stewardship funds are for private land. The City can do
some of the stewardship for this land since it is public land.
Mayor Love and Councilmember Stover both indicated that they may support granting funds for this
purpose at some future date, after more information is received, and the repercussions of such an action
have been thoroughly examined. Mayor Love stated he would like to discuss this issue again after the
Land Conservation Committee is formed.
Garfunkel moved, Zerby seconded to take $2,500 from Contingency Funds and present it to the
MN Land Trust for Stewardship of the Eureka Open Space Preserve. Motion failed 2/3
(Stover, Lizee and Love opposed).
13. ADJOURN
Garfunkel moved, Stover seconded to adjourn at 10:28 p.m. subject to Approval of Claims.
Motion passed 5/0. .
RESPECTFULLY SUBMITTED,,
Kristine Kitzman, Recording Secretary
Timesaver Off -Site Secretarial, Inc.
ATTEST:
L"w/V\eA C `
JA S C. HURM, CITY ADMINISTRATOR