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CITY OF SHOREWOOD CITY COUNCIL CHAMBERS
• CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD
MONDAY, JULY 12,1999 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:07 p.m.
A. Roll Call
Present: Mayor Love, Councilmembers Stover, Garfunkel, Lizee and Zerby;
Administrator Hurm, City Attorney Keane, City Engineer Brown, Finance
Director Rolek, and Planning Director Nielsen
B. Review Agenda
Garfunkel moved, Lizee seconded to accept the agenda as amended: Move item 3C
to item 5B. Motion passed 510.
2. APPROVAL OF MINUTES
• A. City Council Regular Meeting Minutes - June 28,1999
No motion made. Changes requested were as follows:
Page 2, Item 5B, First paragraph: "...joint meeting was not ` well advertised.
Page 3, Item 6A, paragraph 5: Councilmember Zerby requested the tape be
reviewed and the reasons stated why "a delay would negatively impact Eagle Crest's
ability to adhere to the agreed upon construction times."
3. CONSENT AGENDA
Garfunkel moved, Stover seconded approving the Motions contained on the Consent
Agenda as presented, and Adopting the Resolutions therein:
A. A Motion to Adopt RESOLUTION NO. 99-048, "A Resolution
Accepting Improvements - Mary Lake Woods."
B. A Motion to Adopt RESOLUTION NO. 99-049, "A Resolution
Accepting Public Improvements and Authorizing Final Payment for
City Project 95-17, Strawberry Lane Improvement Project."
MOVED TO ITEM 5A:
CITY COUNCIL REGULAR MEETING MINUTES
JULY 12,1999 - PAGE 2
• C. A Motion to Adopt a Resolution Approving a Conditional Use Permit
and Setback Variance for Accessory Structure Over 1,200 Square
Feet
Applicant: Ron Lind
Location: 26400 Strawberry Court
Motion passed 510.
4. MATTERS FROM THE FLOOR
Mr. Jim Wyman, 24020 Yellowstone Trail, developer for Mary Lake Woods
Development addressed the Council to thank the City, and particularly City staff, for their
cooperation in the development and completion of this project.
5. Planning - Report by Representative
Commissioner Bailey reported on the Planning Commission meeting held on June 22,
1999 as reported in the minutes, which was focused primarily on the Community
Facilities Chapter of the Comprehensive Plan, in particular the City Water System.
Bailey also mentioned the Planning Commission meeting held on July 6, 1999 regarding
the request from Aerial for a telecommunications facility on the west water tower, and
promised a more detailed report at the next Council meeting, when this subject comes
• before the Council.
A. Consideration of a Motion to Adopt a Resolution Approving a
Conditional Use Permit and Setback Variance for Accessory
Structure Over 1,200 Square Feet
Applicant: Ron Lind
Location: 26400 Strawberry Court
Mr. Ron Lind addressed the Council regarding the design of the garden shed, requesting
an additional 12 square feet, and noting that the shed would be no closer to the side
properties or the street.
Planning Director Nielsen stated that this change would probably have to be referred back
to the Planning Commission if the City Council does not feel comfortable with the
change.
Councilmember Lizee reported that this Conditional Use Permit had no opposition on the
Planning Commission or by the neighbors, and the change would likely not affect the
Planning Commission's recommendations.
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CITY COUNCIL REGULAR MEETING MINUTES
JULY 12,1999 - PAGE 3
• Stover moved, Lizee seconded a motion to adopt RESOLUTION NO. 99-050, "A
Resolution Approving a Conditional Use Permit and Setback Variance for
Accessory Structure over 1,200 Square Feet" as modified, to 252 square feet rather
than 240 square feet, for Mr. Ron Lind at 26400 Strawberry Court." Motion passed
510.
B. Consideration of a Motion Approving a Declaration of Covenants -
Shorewood Ponds
Planning Director Nielsen presented a copy of the Declaration of Covenants for the
Shorewood Ponds Senior Housing Project, and recommendations as listed on the memo
titled "Shorewood Ponds - Declaration of Protective Covenants" from Planning Director
Nielsen, dated 8 July 1999.
Councilmember Lizee requested adding language which encourages use of non -
phosphorous fertilizers.
Planning Director Nielsen stated Marsh Pointe covenants include such language, and the
same language can be added to this document.
Councilmember Zerby questioned the definition of "care provider" as listed in the
covenants.
Councilmember Garfunkel then questioned what percentage of the population is over 62
years of age.
Administrator Hurm stated this information can be found, but is not on hand right now.
Councilmember Garfunkel stated his opposition to this discriminatory type of housing,
which bars a high percentage of the population from participating in it. He commented
that discrimination is discrimination, whether deemed "good discrimination" or "bad
discrimination."
City Attorney Keane stated that "care provider" is not defined in the ordinance.
Mayor Love stated that a definition should be presented soon to add to the ordinance.
Councilmember Stover stated she believes this housing is needed, and has been proven a
necessity.
Councilmember Lizee agreed, stating that after all the seniors have contributed to a
community, providing housing seems to be the least the community can do for them.
Mayor Love questioned what definition should be used in the ordinance to define "health
care provider."
CITY COUNCIL REGULAR MEETING MINUTES
JULY 12,1999 - PAGE 4
• Councilmember Zerby stated that "State Licensed Health Care Provider" would be a
sufficient definition.
Councilmember Garfunkel questioned how long these covenants will be binding.
City Attorney Keane stated these covenants are firm for 40 years, and then have to be
renewed.
Planning Director Nielsen questioned if a notice could be placed to automatically renew
the existing covenants.
City Attorney Keane replied that the City's desire could be entered on a document, but it
would be hard to actually uphold that document as an automatic renewal.
Lizee moved, Stover seconded to approve the Declaration of Covenants - Shorewood
Ponds, to include recommendations from staff, and recommendations from Council
regarding limitations on types of fertilizer, and language pertaining to the definition
of "health care provider." Motion passed 411 (Garfunkel opposed).
6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION TO
ACCEPT PLANS, SPECIFICATIONS AND ESTIMATES AND
• AUTHORIZE ADVERTISEMENT FOR BIDS FOR NOBLE ROAD
IMPROVEMENTS
City Engineer Brown reported on the plans, specifications, and estimate for the Noble
Road Reconstruction, the Senior Center Drainage, and Edgewood Road Watermain
Projects. Staff is recommending approval of the plans, specifications and estimate for the
Noble Road Reconstruction Project. The Edgewood Road Watermain Project would
likely not proceed, as the residents are not likely to proceed with the project after
receiving the cost estimates.
Councilmember Zerby questioned if the estimate for Edgewood was reasonable.
City Engineer Brown answered that the estimate was looked into, and was found to be
accurate in today's market.
Councilmember Lizee questioned whether it was true that the City was obligated to take
the lowest bid on projects.
City Attorney Keane stated that the law is the "lowest responsible bidder." This is not
defined, but is accepted to mean at City staff s discretion based on past experience with a
contractor.
U
CITY COUNCIL REGULAR MEETING MINUTES
JULY 12,1999 - PAGE 5
• Garfunkel moved, Stover seconded a motion to adopt RESOLUTION NO. 99-051.
"A Resolution to Accept Plans, Specifications and Estimates and Authorize
Advertisement for Bids for Noble Road Improvements." Motion passed 510.
7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION TO
ACCEPT PLANS, SPECIFICATIONS AND ESTIMATES AND
AUTHORIZE ADVERTISEMENT FOR BIDS FOR SENIOR CENTER
DRAINAGE PROJECT
City Engineer Brown reported on the needs which still exist for the Senior Center
Drainage Project. Staff recommends approval of the plans, specifications and estimate,
and bid in conjunction with Noble Road. The City will retain the option, throughout the
process, to modify the project scope, although before bids are received would be a far
better time to modify.
Garfunkel moved, Stover seconded a motion to adopt RESOLUTION NO. 99-052,
"A Resolution to Accept Plans, Specifications and Estimates and Authorize
Advertisement for Bids for Senior Center Drainage Project." Motion passed 510.
8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION TO
ACCEPT PLANS, SPECIFICATIONS AND ESTIMATES AND
AUTHORIZE ADVERTISEMENT FOR BIDS FOR OLD MARKET ROAD
• RETAINING WALL PROJECT
City Engineer Brown reported on the structural failure of the retaining wall along Old
Market Road. State Aid Funds are available for this project. Staff is seeking
authorization to approve plans, specifications, the engineer's estimate, and authorize
advertisement for bid.
Mayor Love asked if the new wall is also going to be a wood wall and what is the
expected life span.
City Engineer Brown replied that 20 years is the average, but most walls are lasting closer
to 15 years. He advised that better plans for retaining walls are being researched.
Garfunkel moved, Stover seconded a motion to adopt RESOLUTION NO. 99-053,
"A Resolution to Accept Plans, Specifications and Estimates and Authorize
Advertisement for Bids for Old Market Road Retaining Wall Project." Motion
passed 510.
CITY COUNCIL REGULAR MEETING MINUTES
JULY 12,1999 - PAGE 6
. 9. CONSIDERATIONS REGARDING TOBACCO RETAILERS
A. A Motion Regarding Licensing of Tobacco Retailers
B. Review of a Draft Ordinance Amendment Regarding Chapter 302 -
Sale of Cigarettes
Administrator Hurm reported on the issue of the City or the County licensing of tobacco
retailers. He advised that Hennepin County has approached Shorewood to take on this
task. If this would be considered, the ordinance would need to be updated.
Councilmember Stover asked who imposes a penalty for minors who buy tobacco
products and for the people who sell tobacco without licensing.
City Attorney Keane replied that these penalties are determined at the City level.
Councilmember Garfunkel questioned how the license fee is calculated.
Attorney Keane stated that it is basically a "reasonable charge."
Administrator Hurm stated that currently South Lake Police Department is doing
compliance checks and handling any complaints, and the City is not receiving any license
fee.
Councilmember Garfunkel asked what additional responsibilities the City would have if
taking on these licensing responsibilities.
Administrator Hurm stated that coming up with appropriate enforcement for minors, and
discussing these with appropriate organizations, would be the major responsibility.
Councilmember Zerby stated that this seems to be more of a County issue, and he would
like the City to stay out of it.
Councilmember Stover asked why the County has no penalties for minors who buy
tobacco products.
City Attorney Keane stated that the statutes do not cover this, but directs the licensing
government to set penalties... whether the licensing government is city or county.
Councilmember Lizee questioned if $2000 to $3000 in additional funds for the City
yearly would offset much of the police or prosecutorial fees.
Administrator Hurm stated these costs are already paid by the City, and this revenue
would offset fees already being paid.
CITY COUNCIL REGULAR MEETING MINUTES
JULY 12,1999 - PAGE 7
Councilmember Zerby questioned if any research needs to be done when authorizing a
is
license. This could potentially cost the City more than the funds generate, in staff time.
Administrator Hurm stated that nearby cities estimated their approximate cost for
administrative fees for tobacco licensing at approximately $250 per year.
Councilmember Garfunkel stated that it is our community, and the responsibility lies
here.
Councilmember Lizee questioned if the City agrees to do this licensing, can they turn it
back over to the County if it proves to be unmanageable, or if the fees do not cover any
additional cost there may be.
Mayor Love replied they could either turn it back to the County or raise the fees to make
it a worthwhile venture, as long as any increase in fees can be justified.
Administrator Hurm requested direction for staff to continue to gather information, or
drop the issue.
Consensus was reached that the Council would be in favor of getting more information
regarding the City taking on this responsibility.
• 10. ADMINISTRATOR & STAFF REPORTS
Administrator Hurm presented several issues, including: a communication from the Lake
Minnetonka Area Cooperating Cities Group regarding additional meetings on the
affordable housing issue; an initial policy regarding the sick leave requested by city
employees, using examples of other policies, and staff input; a request from Excelsior
regarding their ISTEA project, extending the streetcar line; and, a memo from Teri Naab
regarding research on special legislation to change to Ward system of government.
Consensus was reached that more information was required for the Excelsior streetcar
request before an opinion could be formed, and that Mayor Love would gather more
information on the special legislation for the Ward system and report back to the Council.
Staff report on dog bite complaints
Planning Director Nielsen reported that the information available regarding the dog bites
in the past was not helpful. As a result, a draft of an article for the newsletter was
presented, focusing on public education and a one year monitoring of dog bites in greater
detail to provide more information was proposed.
Consensus was reached that this was action enough on this subject for now.
0
CITY COUNCIL REGULAR MEETING MINUTES
JULY 12,1999 - PAGE 8
• Planning Director Nielsen also reported on collecting on a Letter of Credit for Camp
Coffee, for which they began the specified job the day it was collected upon. The project
is now finished and the Letter of Credit amount will be refunded.
Councilmember Zerby asked for an update on the situation with Mr. John Pastuck.
Planning Director Nielsen stated this situation is resolved. Mr. Pastuck provided proof
that collector plates have been applied for on the car, and everything else has been
cleaned up.
Councilmember Lizee asked Engineer Brown about the status of the Deephaven sign.
Engineer Brown stated this issue has not been resolved as yet, but he will check into it.
Engineer Brown reported on a change in the Minnehaha Creek Watershed District
policies, which adds an additional step to the building review process. The MCWD will
review any new building permits for site erosion.
Mayor Love stated that the intent seems sound, but questioned the communication tactics
of the MCWD.
Councilmember Lizee stated that she, as the liaison to the MCWD, had not been notified
of the change.
Engineer Brown stated that several other cities were not aware of this change either.
11. MAYOR AND CITY COUNCIL REPORTS
Discussion of Liaison Appointment to the Housing Committee
Administrator Hurm questioned if the Council would like to have a liaison for the
Housing Committee, or if he should just let the Councilmembers know when there is a
meeting. Consensus was reached that notification should be given for each meeting, and
whoever could attend, would.
Councilmember Lizee reported on artwork for the City. To better utilize the space in the
Council Chamber for local art, a leather album for the photos of past Councils was
suggested. The cost would be approximately $250.
Consensus was reached to address this at a later time, to give Councilmembers time to
think of alternatives.
Councilmember Zerby expressed some concern about the City Code on the Web page. It
requires additional software to review, and he would like to see if it can be converted to
HTML format to be available to all users.
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CITY COUNCIL REGULAR MEETING MINUTES
JULY 12,1999 - PAGE 9
isMayor Love asked if there had been feedback on how many people have requested the
newsletter via e-mail.
•
0
Engineer Brown stated to date, approximately 12.
12. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS
Garfunkel moved, Stover seconded to Adjourn to Work Session at 9:02 p.m. subject
to approval of claims. Motion passed 510.
RESPECTFULLY SUBMITTED,
Kristine Kitzman, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
WOODY ROVE, MAYOR
JADES C. HURM, CITY ADMINISTRATOR