072699 CC Reg MinCITY OF SHOREWOOD
CITY COUNCIL MEETING
MONDAY, JULY 26,1999
• 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 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, Stover seconded to accept the agenda as amended: Move item 5F to item
16C: Add Executive Session after the Regular Meeting. Motion passed 510.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes - June 28,1999
• Garfunkel moved, Lizee seconded approving the City Council Regular Meeting Minutes of
June 28, 1999 as amended: Page 3, Item 6A, Paragraph 5: "...they are gig extended
pFetty good -at this point,..." Motion passed 510.
B. City Council Executive Session Meeting Minutes - July 12, 1999
Garfunkel moved, Lizee seconded approving the City Council Executive Session Meeting
Minutes of July 12, 1999 as amended: Add to those present: Attorney Gary VanCleave.
Motion passed 510.
C. City Council Regular Meeting Minutes - July 12,1999
Lizee moved, Garfunkel seconded approving the City Council Regular Meeting Minutes of
July 12, 1999 as amended: Page 3, Paragraph 1: Change vote from 610 to 510. Page 3,
Paragraph 5, "...stated Mar -eh Marsh Pointe..." Page 8, Paragraph 1, change spelling from
"Kamp Koffee" to "Camp Coffee". Motion passed 510.
D. City Council Work Session Meeting Minutes - July 12,1999.
Lizee moved, Zerby seconded approving the City Council Work Session Meeting Minutes
of July 12, 1999 as presented. Motion passed 510.
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CITY COUNCIL REGULAR MEETING MINUTES
JULY 26,1999 - PAGE 2
• 3. CONSENT AGENDA
Zerby moved, Stover seconded approving the Motions contained on the Consent Agenda as
presented, and Adopting the Resolutions therein:
A. A Motion to Approve Revised Job Descriptions for Staff Positions.
B. A Motion to Adopt RESOLUTION NO. 99-054, "A Resolution Approving
the Revised Salary Chart."
C. A Motion to Approve a contract for Services with Abdo, Abdo, Eick and
Meyer to Audit Financial Statements for the Year Ended December 31,1999.
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 Held July 13,1999
• Commissioner Puzak reported on the joint meeting of July 13, 1999 with the City Council and
the Park Commission as reported in the minutes.
B. Report on Park Commission Trail Walk Held July 24,1999
Commissioner Puzak reported on the July 24, 1999 trail walk, stating that a fair amount of
feedback was received and many issues were brought up by the public which will be discussed in
future meetings.
Mayor Love stated he will address some issues he heard on the walk later, during Mayor's
Report.
Commissioner Arnst presented a summary she prepared after the walk which will also be sent to
two homeowners association representatives who joined the walk and posed many questions.
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CITY COUNCIL REGULAR MEETING MINUTES
JULY 26, 1999 - PAGE 3
• C. Consideration of a Motion Approving a Concept Plan for Park Structure at
Freeman Park
City Engineer Brown presented a floor plan for a multi -purpose building at Freeman Park, listing
some possible uses for such a building. The Park Commission recommended three stalls for
both restrooms and additional space for the picnic pavilion. Cost estimates total $249,929, which
would consist of $200,00 from the Park Fund, and $50,000 from the Sanitary Sewer Fund. The
Park Commission is asking for approval of the concept plan and for staff to continue researching
alternate funding sources.
Councilmember Zerby stated his support and noted this building is needed at Freeman Park.
Councilmember Garfunkel questioned what staff has found regarding alternate funding.
City Engineer Brown and Administrator Hurm stated that it is hard to search for funding unless
you can ask for something specific. With concept plan approval, this can be better handled.
Zerby moved, Lizee seconded to approve a Concept Plan for Park Structure at Freeman
Park. Motion passed 510.
D. Consideration of a Motion to Adopt a Resolution Authorizing Preparation of
Preliminary Design Plans for Trail along Covington Road and Vine Hill
. Road
City Engineer Brown reported on a Public Information Meeting held on July 13, 1999 by the
Park Commission. He advised that some concerns discussed were safety, cost, materials, and
impact on the surrounding vegetation. He noted the first segment of trail is located on the north
side of Covington Road, which extends from the existing sidewalk along Silverwood Park, to
Vine Hill Road. The length of this segment is 1,700 feet. The second segment of trail is an off-
street trail on the west side of Vine Hill Road, and would extend from the existing trail south of
the intersection of Waterford Place/Vine Hill Road, to 190 feet north of Waterford Place. The
total length of this segment of trail is 2,870 feet.
City Engineer Brown stated that neighbors were concerned about asphalt versus concrete for the
trails, and Brown then presented estimated costs for the segments using either material.
Councilmember Zerby stated this plan seemed very acceptable to the neighborhoods.
Mayor Love noted that there seemed to be some desire for buffering in some areas.
Zerby moved, Lizee seconded a motion to adopt RESOLUTION NO.99-055. "A Resolution
Authorizing Preparation of Preliminary Design Plans for a Trail along Covington Road
and Vine Hill Road." Motion passed 510.
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CITY COUNCIL REGULAR MEETING MINUTES
JULY 26,1999 - PAGE 4
E. Consideration of a Motion to Adopt a Resolution Authorizing Site Selection
• Studies Funding for a Skate Park Contingent Upon Support of Other South
Lake Cities
Commissioner Puzak reviewed the background on this project by explaining that a young man
named Matt Pike, who is a resident of Shorewood, approached the Park Commission for help in
creating a place for skateboarders and in -line skaters, as these activities are not welcome in most
places. Two sites are available in the area and this project would be multi -city with other
communities and councils involved.
Administrator Hurm presented a draft of the resolution supporting this project contingent
on Mayor Love involving other cities.
Councilmember Lizee urged coverage by the paper on this issue, and asked if Matt Pike could
attend a City Council meeting.
Stover moved, Garfunkel seconded a motion to adopt RESOLUTION NO. 99-056, "A
Resolution Authorizing Site Selection Studies Funding for a Skate Park Contingent Upon
Support of Other South Lake Cities." Motion passed 5/0.
MOVED TO 16C:
F. Consideration of a Motion Directing Staff to Research Right -of -Way Issues
• Along Smithtown Road
6. Planning - Report by Representative
Consideration of a Motion to Direct Staff to Prepare Findings of Fact Regarding a
Conditional Use Permit for Accessory Space Over 1,200 Square Feet
Applicant: David Kracker and Jodi Rolland
Location: 5640 Covington Road
Commissioner Bailey reported on the Planning Commission meeting of July 6, 1999 as reported
in the minutes. The Planning Commission recommends approval of the Conditional Use Permit
for David Kracker and Jodi Rolland. Bailey also reported on the Public Hearing held regarding
placing telecommunications equipment on the west water tower and the Planning Commission
vote of 7/0 in support. Bailey then reported on the completed chapters of the Comprehensive
Plan and the public meetings to be held on these chapters.
Councilmember Lizee asked if there was response from the school district on the request from
APT.
Planning Director Nielsen stated the request had been sent out and was due back on the 12th or
13th of August. Nielsen then summarized the request for a Conditional Use Permit for David
Kracker and Jodi Rolland, stating that staff recommends approval.
CITY COUNCIL REGULAR MEETING MINUTES
JULY 26,1999 - PAGE 5
Councilmember Lizee questioned what is allowed in the bluff impact zone as far as removal of
• trees.
Planning Director Nielsen stated that this lot has had some storm damaged trees that are to be
removed, but other than that no trees are allowed to be removed.
Stover moved, Garfunkel seconded a motion to direct staff to prepare Findings of Fact
regarding a Conditional Use Permit for accessory space over 1,200 square feet for David
Kracker and Jodi Rolland at 5640 Covington Road. Motion passed 510.
7. REQUEST FROM FRIENDS OF SOUTHSHORE CENTER TO SUPPORT FUND
RAISER
Mr. Bob Gagne was present to answer questions from Councilmembers.
Mayor Love stated he considers the facility an asset to the community.
Mr. Gagne stated his belief that the Southshore Center should be compensated from any penalty
for any inconvenience over the past few years.
8. DISCUSSION WITH TOM WORKMAN REGARDING TRANSIT ISSUES &
LEGISLATIVE UPDATE
State Representative Tom Workman was present to address the issue of Shorewood opting out of
the Metro Transit System. Representative Workman presented the desire of the Governor for a
light rail system and the odds of this happening, which are not high. Representative Workman
stated he agrees that Shorewood is not getting its money's worth regarding the transit system, and
he is prepared to help Shorewood in whichever direction they wished to go.
Representative Workman stated he is hearing that the Council does not want to get rid of transit,
but wants to get equal service for funds being paid.
Councilmember Garfunkel agreed Shorewood should either get the service paid for or stop
paying.
Mayor Love stated he would like to see more opportunities for Shorewood residents to use a
transit system.
Administrator Hurm stated a needs assessment had been suggested with the Metropolitan Transit
as well as talking to other south lake cities to find out if there is interest in joining the effort.
Representative Workman stated all the south lake area cities are probably in the same situation.
He would be willing to work with just Shorewood or a group cities collectively, but there are
pros and cons to each option.
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CITY COUNCIL REGULAR MEETING MINUTES
JULY 26,1999 - PAGE 6
• Councilmember Stover questioned what it would take to remove the legislation governing transit
in the Shorewood area, and would Shorewood have an option to opt out.
Representative Workman stated the most probably partner for Shorewood would be Excelsior. If
Shorewood proceeds with the opt out option, it would attract attention as it would be taking
transit services away from others. The 1984 legislation would have to be reopened to make this
possible, but felt the time is right to do so. He felt that there would be a greater chance of
success if Shorewood did this alone.
Councilmember Zerby asked what the procedure would be to reopen that legislation.
Representative Workman briefly explained there were others in the south metro area that were in
the same situation in the past that were granted the option to opt out. He stated it does take
special legislation to allow the opt out option. He noted if the opt out were approved of the
100% of the transit dollars collected from Shorewood citizens, 10% would go into the metro
transit system, and 90% would stay with the new opt out system. He stated the next step would
be for the Mayor and City Council to present a formal request.
Representative Workman also stated his opposition to the continuation of local governments
having to pay sales tax. He explained some of the reasons why this may have not been repealed
during the last legislative session.
• Mayor Love thanked Representative Workman for his attendance and stated his appreciation for
the support.
9. DISCUSSION WITH POLICE CHIEF LITSEY ON SHOREWOOD POLICE
OFFICER POSITION
Police Chief Litsey presented his request for an additional officer, as very few personnel
increases have taken place as opposed to the rise in service needs. He also reviewed the option to
roll the Shorewood officer into the regular South Lake Police Department. He noted if that
doesn't provide enough coverage, then possibly some extra funding for overtime could be
considered. Litsey requested direction on whether this option would be considered at the City
Council level.
Mayor Love asked for more clarification on the overtime.
Chief Litsey stated it would provide overtime for any extra needs that came up, such as traffic
control.
Councilmember Stover asked what would happen if it was proven that a Shorewood officer was
needed again.
Chief Litsey clarified that staffing is not being reduced, the officer is still there, just not exclusive
• to Shorewood.
CITY COUNCIL REGULAR MEETING MINUTES
JULY 26,1999 - PAGE 7
• Mayor Love stated that the other joint power cities seem to be open to the request of an
additional officer.
Councilmember Zerby questioned if there is a way the Shorewood City Council can be better
informed about the enforcement of speed limits in Shorewood.
Councilmember Stover stated that some studies have been done on speed in the City.
Chief Litsey stated that sometimes it is proved that the actual speed on a road is not as high as
perceived.
Consensus of the Council was positive regarding the request for an additional Police Officer.
Mayor Love stated he would report this consensus to the Coordinating Committee.
10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION TO APPROVE
PLAN SPECIFICATIONS AND ESTIMATE AND AUTHORIZE AD FOR BIDS
FOR THE TH 7 ACCESS CLOSURES
City Engineer Brown presented the project guidelines, listing the closures and changes to various
intersections, and cost estimates for each as presented to Councilmembers in their packets. Staff
• recommends approval of this resolution.
Mayor Love stated he has received information from a concerned citizen who was notified by
MNDOT that many of the trees they have planted would be removed.
City Engineer Brown stated he had just heard about this, and Shorewood can try to work with
MNDOT to minimize the impact of the loss of their screening.
Councilmember Garfunkel questioned if more traffic will be directed down Lake Linden Drive
due to these closures.
City Engineer Brown stated more traffic will move down Lake Linden Drive.
Councilmember Garfunkel expressed concern about this additional traffic.
City Engineer Brown stated he will study the impact and report any anticipated problems to the
Council.
Zerby moved, Stover seconded a motion to adopt RESOLUTION NO. 99-057, "A
Resolution to Approve Plan Specifications and Estimate and Authorize Ad for bids for the
TH 7 Access Closures." Motion passed 510.
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CITY COUNCIL REGULAR MEETING MINUTES
JULY 26,1999 - PAGE 8
11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING
• APPOINTMENTS TO THE LAND CONSERVATION/ENVIRONMENT
COMMITTEE
Mayor Love stated that four candidates were interviewed prior to the regular meeting. He also
pointed out that on the resolution, "Councilmember" and "Jim Hurm, City Staff' should be
stricken, as they will not be official representatives. Mayor Love thanked the candidates for their
interest.
The names and terms for the newly appointed committee members are as follows:
Tom Schmid
1/31/2002
Frederic Bruno
1/31/2002
Dave Gosen
1/31/2001
Lucinda Kircher
1/31/2001
One additional opening, term ending 1/31/2000, is still available.
Stover moved, Garfunkel seconded, to adopt RESOLUTION NO. 99-058, "Making
Appointments to the Land Conservation / Environment Committee." Motion approved
5/0.
Councilmember Lizee pointed out the Land Use Coalition meeting on August 25th which may be
• of interest to this new committee, the Planning Commission, and possibly other City
Councilmembers.
Mayor Love assigned the task of convening the first meeting to Frederic Bruno, to occur no later
than August 31. All Council members concurred.
12. CONSIDERATION OF A MOTION APPROVING AN ORDER FOR REMOVAL
OR REPAIR OF A HAZARDOUS BUILDING
Owner: Scott Gysland
Location: 4812 Ferncroft Drive
Planning Director Nielsen reported on numerous code violation complaints regarding the house
at 4812 Ferncroft Drive. He explained there is an occupant in one portion of the house. The
option of repair may not be feasible, as the structure is so far gone so staff recommends adopting
this order.
Mr. Scott Gysland, 4812 Ferncroft Drive, stated the 4814 address has no water damage. He
stated the property is up for sale, since he does not have the time or money to fix it. Currently he
lives at 4812 and his daughter lives at 4814. The building is a duplex.
Mayor Love stated these types of circumstances are difficult for the Council. He indicated that it
would be difficult to bring this structure into compliance. However, with the health and safety
• aspects taken into consideration, he is inclined to support staff recommendation.
CITY COUNCIL REGULAR MEETING MINUTES
JULY 26, 1999 - PAGE 9
• Councilmember Zerby asked why the memo from Planning Director Nielsen stated that time is of
the essence. '
Planning Director Nielsen stated it is of the essence because the property is for sale and a new
owner should not be faced with these issues. He noted that Mr. Gysland needs to be responsible
for the problems of his house.
Mr. Gysland stated he cannot afford to live there and fix this structure, which is why he would
like to sell, in hopes that someone will buy who is able to fix the structure, or replace it with a
single family home.
Mayor Love noted that State codes are in violation as well as City codes, and the Fire Marshal
has also deemed this building a hazard.
Councilmember Zerby questioned what motion is needed right now, a motion for an order to
secure, or a motion for an order for removal or repair, or both.
Planning Director Nielsen stated both would be in order. Staff is requesting 10 days to secure the
building, and 20 days for repair to bring the building to code.
Mr. Gysland asked what options he has since he is without the money to be able to fix his home.
City Attorney Keane presented Mr. Gysland with his business card, stating he would be happy to
help Mr. Gysland explore his options.
Garfunkel moved, Stover seconded a motion approving an order for removal or repair of a
hazardous building owned by Mr. Scott Gysland, at 4812 Ferncroft Drive, to be complete
in 20 days. Motion passed 510.
Garfunkel moved, Lizee seconded a motion approving an order to secure the hazardous
building owned by Mr. Scott Gysland, at 4812 Ferncroft Drive, to be complete in 10 days.
Motion passed 510.
13. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION TO ENTER
INTO AN AGREEMENT WITH THE CITY OF CHANHASSEN FOR
STORMWATER IMPROVEMENTS AT NEAR MOUNTAIN BOULEVARD
City Engineer Brown reported on a Joint Powers Agreement proposed by the City of Chanhassen
to place draintile behind the curb of several properties. Staff recommends approval with the
provision that Chanhassen would hold harmless the City of Shorewood from any problems due to
the construction.
CITY COUNCIL REGULAR MEETING MINUTES
JULY 26,1999 - PAGE 10
Zerby moved, Stover seconded a motion to adopt RESOLUTION NO. 99-059. "A
• Resolution to Enter Into an Agreement with the City of Chanhassen for Stormwater
Improvements at Near Mountain Boulevard." Motion passed 510.
14. CONSIDERATION OF A MOTION ACCEPTING A PETITION REGARDING
NO PARKING SIGNS ON COUNTY ROAD 81 (MILL STREET) AND
DIRECTING STAFF TO REPORT BACK
City Engineer Brown presented a petition from residents along Mill Street asking for removal of
No Parking signs. Staff requests direction to review this matter with Hennepin County and
report back to the City Council.
Stover moved, Zerby seconded a motion accepting a petition regarding No Parking signs on
County Road 81 (Mill Street) and directing staff to report back. Motion passed 510.
15. CONSIDERATION OF A MOTION TO APPROVE AN AGREEMENT FOR
PERFORMANCE EVALUATION SERVICES - PHASE III
Mr. Tom Allen presented a proposal for a performance evaluation for the City Administrator
position.
Lizee moved, Stover seconded a motion to approve an agreement for performance
. evaluation services - Phase III. Motion passed 510.
16. ADMINISTRATOR & STAFF REPORTS
A. Engineer's Report on Deephaven Sign on Shorewood Property
City Engineer Brown reported that a few Deephaven signs are within Shorewood. In talking with
Bob Larson of Deephaven, he stated that the signs were placed where they are for visibility
reasons. Engineer Brown stated he suggested they move the signs into Deephaven.
Councilmember Stover stated she would like to support staff in their request for Deephaven to
move the signs.
B. Discussion Regarding Waterford Place Retaining Wall
City Engineer Brown reported on the failure of the Waterford Place retaining wall. The face of
the wall lies on the right-of-way line, and the wall actually lies behind the right-of-way line.
Therefore, technically, Waterford Place would be the owners of the wall. A structural engineer
has been consulted who estimated repair at $75,000, and a complete restructure may be about
$140,000. No outside funding would be available. He explained that staff believes the wall
benefits the homeowners and they should be responsible. Of most concern is the safety of the
wall. Staff suggests direction from Council and the appointment of a liaison to the homeowners
• association.
CITY COUNCIL REGULAR MEETING MINUTES
JULY 26,1999 - PAGE 11
• Administrator Hurm questioned what the final decision is on the ownership of the wall.
City Engineer Brown stated most likely the property owners who abut the wall are the owners.
Mayor Love questioned City Attorney Keane on this issue, asking if he had looked into the
legalities of ownership.
City Attorney Keane stated he had not but he could check with the homeowners association to
find out if there is any reference to ownership of the wall.
Mayor Love suggested he and one other Councilmember be liaisons to the homeowners
association.
Councilmember Lizee volunteered her time as co -liaison with Mayor Love. Lizee also
questioned whether a retaining wall is the only answer to the slope.
City Engineer Brown stated a slope could be reconstructed, although it would be very massive.
Mayor Love asked if terracing would be an option.
City Engineer Brown stated it is possible, but generally doesn't provide any additional cost
savings or strength to a single retaining wall.
C. Consideration of a Motion Directing Staff to Research Right -of -Way Issues
Along Smithtown Road
City Engineer Brown reported that in the Capital Improvement Program, Smithtown Road
reconstruction is mentioned, and a trail could possibly also be constructed along with that
project. A trail portion has been suggested by the Park Commission for along Smithtown Road
west of Eureka Road. However, it may be prudent to analyze properties east of Eureka Road as
well. He stated there are still issues unresolved with regard to ownership of right-of-way along
Smithtown Road. He noted the City Attorney had suggested that an "Owners and Encumbrances
Report" could possibly be done for each property to research out vested interest.
City Attorney Keane noted he will report back to the Council as more information is gathered.
Mayor Love directed staff to report back after researching the options more fully.
D. Other Issues
Hurm reported that he and Finance Director Rolek attended a Metropolitan Council Environment
Services' budget meeting. He noted it is one of the MCES's goal to reduce expenditures in the
coming years. He added the issue of grants and loans for inflow and infiltration programs was
• raised.
CITY COUNCIL REGULAR MEETING MINUTES
JULY 26,1999 - PAGE 12
• Planning Director Nielsen reminded Council that August 31, September 2, and September 8 are
the Planning Commission Comprehensive Plan Open House dates, from 5:00 p.m. to 7:30 p.m.
September 21 is the tentative public hearing date.
Planning Director Nielsen offered follow up to the zoning violation at 4680 Fatima Place,
regarding boat parts. As of July 20, which was the final date, the boat parts are still there. The
City can now proceed with cleanup at the homeowner's expense.
Mayor Love directed the cleanup to be commenced as soon as possible.
Also of interest, Nielsen reported the owners of the Shorewood Shopping Center have presented
plans for a "face-lift" of the center, and a Conditional Use Permit for a revised sign plan will be
forthcoming.
17. MAYOR AND CITY COUNCIL REPORTS
Mayor Love reported on a local Mayors' meeting three weeks ago. One concern that surfaced
was with regard to the LMCD's lake density requirements affecting multi -docks and marinas. He
reported a meeting on this issue is to be held Wednesday, August 25. He suggested the City's
LMCD representative appear before the Council at an upcoming meeting to discuss this and
other issues. He added this should be done on a quarterly basis.
Mayor Love reported during the walk on the Island on Saturday, July 24 there were some
concerns raised about the following issues: speed (residents indicated good police presence, but
speeding was still very high); dry hydrants; and pedestrian safety, specifically keeping ground
cover down beside the road. He suggested a meeting with the neighborhood association to
discuss these issues.
Councilmember Zerby stated there was talk that additional signage on the Island might help deter
traffic on the Islands and perhaps help reduce speeding problems.
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CITY COUNCIL REGULAR MEETING MINUTES
JULY 26,1999 - PAGE 13
18. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS
• Lizee moved, Zerby seconded to adjourn to Executive Session at 10:25 p.m. subject to
approval of claims. Motion passed 510.
RESPECTFULLY SUBMITTED,
Kristine Kitzman, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ATTEST:
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C. HURM, CITY ADMINISTRATOR
DY LOVE, MAYOR