041000 CC Reg Min
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 10,2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Woody Love called the meeting to order at 7:03 p.m.
A.
Roll Call
Present:
Mayor Love, Councilmembers Garfunkel, Lizee, Zerby and Stover; City Attorney Keane;
Planning Director Nielsen, Public Works Director/Engineer Brown
Absent:
None
B.
Review Agenda
Director Nielsen noted that a resolution was not available for Item 6C but requested this item remain on
the agenda for discussion only.
Garfunkel moved, Zerby seconded approving the Agenda as amended. Motion passed 5/0.
C.
Presentation of Pre-Board of Review Report by City Assessor Tom Carroll and
Rob Winge
Tom Carroll presented the 1999 sales books to the Council and explained the process used in determining
assessments. He noted that he has received over 100 phone calls and is currently conducting reviews on
32 properties. If further review is needed, property owners may come to the Board of Review meeting on
Monday, April 17 . The Council thanked Mr. Carroll for his report.
D. Report by Tom Skramstad - LMCD
Tom Skramstad, LMCD representative, reported on the items as detailed in his April 5 written report. He
noted the biggest issue being Cruiser's Cove at Big Island. Other items he reported on included plans for
harvesting Eurasian Water Milfoil, the public education program for Zebra Mussels, the Marina re-
development program, a boat density survey, a user attitude survey, water quality issues and liquor and
dock license renewals.
Councilmember Lizee asked Mr. Skramstad for the LMCD's assistance in finding volunteers for the 4th
of July events on Lake Minnetonka in the City of Excelsior, specifically water patrol duties for the
fireworks. Mr. Skramstad stated he would be happy to try to help out in this event.
Mr. Skramstad will provide quarterly reports to the Council on the LMCD activities and additional
reports if other issues come up which would require more frequent notices. The Council thanked Mr.
Skramstad for his report.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 10,2000
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2.
APPROVAL OF MINUTES
A. City Council Executive Session Meeting Minutes, March 27, 2000
Garfunkel moved, Lizee seconded, approving the Executive Session Meeting Minutes of March 27,
2000, as submitted. Motion passed 3/0. Councilmembers Stover and Zerby abstained.
B. City Council Regular Meeting Minutes, March 27, 2000
Garfunkel moved, Lizee seconded, approving the Regular Meeting Minutes of March 27, 2000, as
submitted. Motion passed 3/0. Councilmembers Stover and Zerby abstained.
C. City Council Work Session Meeting Minutes, March 27, 2000
Garfunkel moved, Lizee seconded, approving the Work Session Meeting Minutes of March 27,
2000, as submitted. Motion passed 3/0. Councilmembers Stover and Zerby abstained.
3. CONSENT AGENDA
Mayor Love read the items on the Consent Agenda. Councilmember Lizee requested Item 3D be pulled
for discussion. Mayor Love moved Item 3D to Item 7D.
Lizee moved, Zerby seconded, Approving the Motions contained on the Consent Agenda and
Adopting the Resolutions therein, with the exception of Item D:
A.
A Motion Adopting RESOLUTION NO. 00-032 "Accepting Bids and Awarding
Contract-Shady Island Lift Station"
B. A Motion Authorizing Expenditure of Funds for an Asphalt Roller
C. A Motion Authorizing Expenditure of Funds for a Rider Mower
D. A Motion Approving an Extension of the Deadline for Compliance with a Notice to
Remove (This Item was moved from the Consent Agenda to General Item 7D for
further discussion and consideration)
E. A Motion Allowing Metricom, Inc. to Apply for a Conditional Use Permit for
Telecommunications Equipment on the Southeast Area Water Tower
F. A Motion Approving an Agreement with the Minnetonka Public Schools
Community Education and Services for Lifeguard Service and Swimming Lesson
Program During the 2000 Swimming Season for Crescent Beach
G. A Motion Adopting RESOLUTION NO. 00-033 Authorizing Grant Application for
the Freeman Park Multipurpose Building
H. A. Motion Adopting RESOLUTION NO. 00-034 Approving a Biennial Gambling
License for American Legion Post #259
Motion passed 5/0.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 10, 2000
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4.
MATTERS FROM THE FLOOR
There were no matters from the floor.
5. PARKS - Report by Representative
A. Report on Park Commission Meeting Held March 28, 2000
Commissioner Puzak reported on the matters considered and actions taken at the March 28, 2000 Park
Commission meeting (as detailed in the minutes of that meeting). Mayor Love requested an estimate of
what the proposed park user fees would yield. Director Nielsen estimated that the park user fees would
yield approximately $ 19,000/year, based on 1997 park user figures. He further stated the Park
Foundation has committed to raise $lO,OOO/year and Park dedication fees are estimated at $7500/year.
Mr. Puzak also stated the potential of revenue from the concession stand is favorable, however they do
not have a way of obtaining a good estimate of revenue from this source.
Mayor Love thanked Mr. Puzak and the Park Commission for their hard work and commitment to the
Freeman Park Multipurpose Building. Mr. Puzak thanked the Council for their support of this project.
6. PLANNING - Report by Representative
Commissioner Anderson reported on the matters considered and actions taken at the April 4, 2000
Planning Commission meeting (as detailed in the minutes of that meeting).
A.
Motion to Direct Staff to Prepare a Resolution Approving a Conditional Use Permit
Applicant: US West
Location: 19395 State Highway 7
Director Nielsen noted that this item was continued from the March 27 Council meeting in order to ask
Garrett Lysiak, Shorewood's Telecommunications Consultant, to report on the antenna coverage area.
Unfortunately, Mr. Lysiak was not able to be present for tonight's meeting. US West representatives
Phyllis O'Connell and Scott Hines reported on their needs, stating that locating an antenna on the
Shorewood water tower does not meet their requirements to provide coverage to the area in need-
specifically Hwy. 7 and surrounding areas. Mr. Hines noted that US West began their search for
appropriate antenna locations in 1998 and that the Mini Storage site met their coverage needs and the
City's Telecommunications Ordinance.
Councilmember Garfunkel stated that he understood the water tower doesn't meet 100% of US West's
requirements, however he would like to have a better sense of what percentage it does meet. US West
representatives were not able to clarify this question.
Commissioner Anderson reported that he was the only negative vote on this item when it came before the
Planning Commission, stating that based on the reports he heard, he felt there were very limited 'poor
coverage' areas that existed. He also stated that the area US West is in need of coverage includes an area
outside of the Shorewood community-near Hwy 101 and Hwy 7. He noted that a site at the Minnetonka
High School was also looked at by US West, but not pursued by them for unknown reasons. He felt there
was significant public testimony in opposition of the Mini Storage site.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 10,2000
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Councilmember Garfunkel stated he would like to see the report from Mr. Lysiak before making a
decision on this issue and asked when this might be likely to occur. Staff reported that Mr. Lysiak would
be asked to be present at the April 24 council meeting.
Director Brown asked Mr. Hines if there were a height that would work on the southeast water tower.
Mr. Hines stated he would have to perform some dry test results and further analysis at a height that
would work as none had been performed. He stated that based on prior experience, they knew a height of
65 feet not meet most of their objectives. From what Mr. Hines has seen, there is not an available height
on the water tower that will meet their objectives.
Lizee moved, Garfunkel seconded, to continue the request to prepare a resolution for a Conditional
Use Permit application by US West to the April 24 Regular Council meeting. Motion passed 5/0.
B. A Motion Adopting a Resolution Approving an Amendment to the Development
Agreement for Shorewood Ponds
Director Nielsen reported that the Developers of Shorewood Ponds requested an amendment to the
Development Agreement with regards to notifying prospective buyers of the proposed trail to be
constructed in the development area. He noted that the original Agreement stated that the trail would
have been constructed by the time the homes along the east and north sides of the project were ready to
be occupied. Due to a number of construction circumstances, the trail is not yet completed; however
there are units ready for occupancy. Director Nielsen read the suggested amended language as stated in
the proposed Resolution. This amendment would put the people that buy the units near the trail on notice
that there will be a trial and where it will be located.
Bill Gleason of Eaglecrest Northwest, distributed a sample document depicting the development site and
trail location. He stated that a document similar to this would accompany all closings and is generally
signed 15 days prior to closing. Mayor Love questioned the accuracy of the trail location. Mr. Gleason
stated that they very clear on the northern part of the trail, but that along Eureka there was some question
of accuracy. Units 1 and 2 of Block 2 would be the only units affected by that part of the trail location.
When asked if the north end of the trail could be constructed prior to occupancy of the homes, Mr.
Gleason stated that they could try to accomplish this as soon as weight restrictions are off.
Councilmember Garfunkel questioned the tracking of the process, noting there may be several
'prospective' buyers. Mayor Love recommended striking the word 'prospective' from the proposed
Resolution.
Stover moved, Lizee seconded, adopting RESOLUTION NO. 00-035. "Approving an Amendment
to the Development Agreement for Shorewood Ponds as amended, striking the word 'prospective'
from the proposed Resolution." Motion passed 5/0.
C. A Motion Adopting a Resolution Approving Revisions to Shorewood's Tree Policy
(This item 6C was moved to Item 7E for discussion.)
7. GENERAL
A. A Motion Regarding Billing for the Southshore Community Center
Director Brown stated that the Friends of Southshore Senior Community Center forwarded a bill to the
City for $1,537.41 for repairs to the HV AC system. The Friends felt this was a warranty work item and
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 10,2000
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therefore asked the City to pay the bill, because of the warranty issues currently outstanding. Staff is
recommending the City not pay this item.
Bob Gagne, Friends of the Southshore Senior Community Center stated that if this were a repair item, the
Friends would pay it. But it was determined to be defective original construction and not a maintenance
item.
Councilmember Stover stated that from the information she received, she believed the installation of the
HV AC system was incorrect by the original contractor. The contractor hired by the Friends to fix the
system replaced erroneous work with correct work. She believes this was a basic construction issue and
not a maintenance item.
Councilmember Garfunkel asked Councilmember Stover to clarify her position as to her membership on
the Friends Board and whether a conflict of interest exists.
Council member Stover confirmed that she was on the Friends Board and stated that whether she were a
member of the Friends or not, she would vote the same on this issue-she did not believe there was a
conflict of interest.
Mayor Love noted that the Friends have done a noble job of running the Center under trying
circumstances. His concern lies with what process is available for the City to mitigate these damages, and
therefore cannot support a motion to reimburse the Friends.
Councilmember Lizee stated she feels the process wasn't in place to begin with, and sees that this item
was a problem that surfaced with the initial construction. A written procedure/ process needs to be
developed in looking at future problems. She feels that the City should help pay for the repair of this
system.
Councilmember Garfunkel stated that he didn't see this as a Shorewood taxpayer issue. He noted it is
unfortunate how this occurred but that he cannot support the City covering this expense.
Councilmember Zerby stated that Shorewood taxpayers are users of this building. He feels that we paid
too little for the original work; therefore the work was done improperly at low cost. He views this like a
budget overrun and supports Shorewood paying their fair share of the bill. He is also concerned that
there isn't procedure for going back to the original cities for support. He felt that the contractor that was
chosen was not a responsible contractor.
Mayor Love noted that this has been an issue the City has worked with the Friends on and it has been an
issue that the City has been involved in litigation in attempting to resolve. He further stated this is not the
first discussion on problems with this project and that tonight's vote is on this one issue.
Zerby moved, Lizee seconded, Approving a motion to make payment to the Friends of the
Southshore Senior Community Center in an amount based on Shorewood's original percentage of
contribution to the project. Motion passed 3/2, Garfunkel and Love dissenting.
Mayor Love noted that at the preceding special meeting with the Friends on this issue that there is an
agreement that representatives of the Friends, the Staff and the Council would meet to discuss a process
for working through future major mechanical and structural type of building problems.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 10, 2000
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Council and Staff discussed the amount of debris to be cleaned up. It was noted there is about 30 cubic
yards of debris, which represents about 3-1/2 garden style dump trucks. Staff stated that construction
debris is not allowed at spring clean up and that there is a limit to how much can be set out at curbside.
There is a fee schedule for items brought to the spring clean up site. Staff will need to make an itemized
list of what exists and make it clear to the Keefers the amount of and what type of materials are accepted
at curbside and at the drop off site.
Director Nielsen recommended changing the language to state that anything that would be taken by
spring clean up should be sent aside, but the rest of the debris should be taken care of within 30 days.
Stover moved, Zerby seconded, Approving that items accepted by Spring Clean Up may remain
until May 20, and items not accepted by Spring Clean Up be taken care of within 30 days.
Councilmember Stover noted that Staff should provide an itemized list to the Keefers of what is not
accepted at spring clean up, and any items remaining after 30 days would be cleaned up by the City and
billed to the Keefers.
Motion passed 5/0.
E. A Motion Adopting a Resolution Approving Revisions to Shorewood's Tree Policy.
(Item 7E was moved from Item 6C for discussion.)
Director Nielsen explained the standards used by foresters and nurseries in determining the size
of trees, stating there are two standards of measurement used-DBH and caliper inches. He is
recommending that the tree preservation policy be amended to read that replacement trees be specified in
caliper inches, with a 3" standard. Another issue is with whom can prepare the tree preservation plans.
The current policy states that landscape architects or foresters can prepare plans. Director Nielsen noted
the strengths and weaknesses of each. It is suggested that a third classification of professional-
Arborists-be allowed to prepare the plans. Director Nielsen noted that some of the best plans are done
by Arborists and is confident in recommending this change. The last item deals with planting
replacement trees on a wooded site. If it is not practical to have replacement trees on a site, it is being
suggested that the replacement trees be contributed to City property or, during off-season, the developer
could contribute to a fund for planting trees on City owned property.
Director Nielsen noted that the Planning Commission recommended in favor of these revisions. He also
noted the possibility of using the fund, if established, to purchase land for tree preservation; this is
something that could be looked at as the fund develops.
Councilmember Zerby questioned the credentials of an Arborist. Director Nielsen stated that they would
have a certificate or degree demonstrating they are trained in that field.
Director Nielsen stated that this item will be brought to the April 24 Council meeting, with a Resolution.
8. ENGINEERING/PUBLIC WORKS
Mayor Love requested Item 8C be discussed first. The Council agreed to this amendment to the agenda.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 10,2000
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Council and Staff discussed the amount of debris to be cleaned up. It was noted there is about 30 cubic
yards of debris, which represents about 3-112 garden style dump trucks. Staff stated that construction
debris is not allowed at spring clean up and that there is a limit to how much can be set out at curbside.
There is a fee schedule for items brought to the spring clean up site. Staff will need to make an itemized
list of what exists and make it clear to the Keefers the amount of and what type of materials are accepted
at curbside and at the drop off site.
Director Nielsen recommended changing the language to state that anything that would be taken by
spring clean up should be sent aside, but the rest of the debris should be taken care of within 30 days.
Stover moved, Zerby seconded, Approving that items accepted by Spring Clean Up may remain
until May 20, and items not accepted by Spring Clean Up be taken care of within 30 days.
Councilmember Stover noted that Staff should provide an itemized list to the Keefers of what is not
accepted at spring clean up, and any items remaining after 30 days would be cleaned up by the City and
billed to the Keefers.
Motion passed 5/0.
E. A Motion Adopting a Resolution Approving Revisions to Shorewood's Tree Policy.
(Item 7E was moved from Item 6C for discussion.)
Director Nielsen explained the standards used by foresters and nurseries in determining the size
of trees, stating there are two standards of measurement used-DBH and caliper inches. He is
recommending that the tree preservation policy be amended to read that replacement trees be specified in
caliper inches, with a 3" standard. Another issue is with whom can prepare the tree preservation plants.
The current policy states that landscape architects or foresters can prepare plants. Director Nielsen noted
the strengths and weaknesses of each. It is suggested that a third classification of professional-
Arborists-be allowed to prepare the plants. Director Nielsen noted that some of the best plants are done
by Arborists and is confident in recommending this change. The last item deals with planting
replacement trees on a wooded site. If it is not practical to have replacement trees on a site, it is being
suggested that the replacement trees be contributed to City property or, during off-season, the developer
could contribute to a fund for planting trees on City owned property.
Director Nielsen noted that the Planning Commission recommended in favor of these revisions. He also
noted the possibility of using the fund, if established, to purchase land for tree preservation; this is
something that could be looked at as the fund develops.
Councilmember Zerby questioned the credentials of an Arborist. Director Nielsen stated that they would
have a certificate or degree demonstrating they are trained in that field.
Director Nielsen stated that this item will be brought to the April 24 Council meeting, with a Resolution.
8. ENGINEERING/PUBLIC WORKS
Mayor Love requested Item 8C be discussed first. The Council agreed to this amendment to the agenda.
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C.
A Motion to Adopt a Resolution Approving Plans and Specifications and
Authorizing Advertisement of Bids for Freeman Park Multipurpose Building
Engineer Brown stated that Council was familiar with this item. It includes the construction of
restrooms, a multipurpose area, concessions, allows for rental space of family get-togethers and an open
picnic pavilion. It has been the goal of the Council and Park Commission to provide permanent restroom
facilities for Freeman Park.
Engineer Brown reviewed the change of stainless steel countertops and sink, which will be bid out as Bid
Alternate #1, and the open picnic pavilion, which will be Bid Alternate #2. He noted that if Bid Alternate
#2 is rejected, Bid Alternate #1 must also be rejected. However, under this scenario, this didn't seem to
be an issue. Another revision noted was the change of the interior restrooms from a granite surface to a
block surface with a graffiti resistant paint.
Engineer Brown reported that Reliant Energy (formerly Minnegasco), has committed to installing a
natural gas service to the building at no cost to the City of Shorewood. This will contribute to a
significant cost saving with the installation of a gas furnace and water heater.
He noted that Staff is recommended approval of the authorizing of advertisement for bid and accepting
plans. The bid opening would be held at 10:30 a.m. on May 17,2000 at City Hall.
Mayor Love thanked Director Brown for his effort in working with Reliant Energy on this project.
Councilmember Garfunkel asked whether or not the issue of the funding not being narrowed down has an
impact on going forward with advertising for bids. Director Brown stated that we are approaching the
tail end of the optimal bidding season, therefore it is important to get this item out to bid. It is still
possible to reject the bids, should funding be an issue.
Director Nielsen noted that a finance plan would be available at the time the bids are in.
Mayor Love stated that the City has about half of the funds necessary to build the building in reserve. He
stated that we are looking at this expense over a lO-year time period, estimating the various funding
sources being user fees of $12,000; park dedication fees of $7500; the Park Foundation commitment of
$10,000, and an undetermined amount from the concession stand.
Lizee moved, Garfunkel seconded, Adopting RESOLUTION NO. 00-037, "Approving Plans and
Specifications Authorizing Advertisement of Bids for Freeman Park Multipurpose Building."
Motion passed 5/0.
At 9:03 P.M. a short break was taken. Mayor Love reconvened the meeting at 9:18 P.M.
A. Motion Adopting a Resolution Accepting Appraisals and Authorizing
Compensation for Easements and Right of Way Acquisition for the TH 7 - 41
Intersection Project
Director Brown noted that the document outlines the easements needed for this project. He stated that
Mn/DOT has signed off on the plans and has provided a letter stating they would reimburse the City for
Right of Way costs incurred. He noted that all the affected parties have been contacted and are working
with the City on this project. The property impacted the most is the Shorewood Shopping Center, which
has the most land being requested. However, they have a lot to benefit from this project and are eager to
see it move forward. Director Brown noted that Shorewood has committed to being the project lead,
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 10,2000
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which includes a commitment to being a financier on a short-term basis. Staff will make sure the time
commitment with those dollars is held to the least amount of time as possible. Staff is recommended
approval of this Resolution.
Garfunkel moved, Stover seconded Adopting RESOLUTION NO. 00-038. "Accepting Appraisals
and Authorizing Compensation for Easements and Right of Way Acquisition for the TH 7 - 41
Intersection Project." Motion passed 5/0.
B. Motion Adopting a Resolution Approving Plans and Specifications and Authorizing
Advertisement of Bids for Covington Road and Vine Hill Road Trail Project
Engineer Brown described the location of the proposed trail. He noted that a portion of the trail would be
constructed out of concrete, as requested. He stated the neighborhood has given the City a great amount
of feedback on this project. Staff recommends approval of this Resolution.
Mayor Love noted that he attended the end of neighborhood meeting, noting the cooperation and support
from the neighborhood, and congratulated the Park Board on the process used for this project.
Councilmember Garfunkel asked for clarification of the funding summary.
Engineer Brown clarified the funding summary, noting that with the proposed projects, the trail fund will
have an estimated balance at the end of year 2000 of $18,388. This will forego other projects until the
balance can be built back up in that fund. It is projected that it will take until 2005 to build up the
balance. Director Brown noted that this issue is on the Park Commission agenda for tomorrow night.
Councilmember Zerby noted he is very excited about this project and how it is addresses some of the
serious issues the neighbors on Vine Hill Road have brought up. He believes the plan we have now
addresses these issues very well.
Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 00-039 "Approving Plans and
Specifications and Authorizing Advertisement of Bids for Covington Road and Vine Hill Road
Trail Project." Motion passed 5/0.
D. Motion Adopting a Resolution Approving Plans and Specifications and Authorizing
Advertisement of Bids for 2000 Bituminous Seal Coat Project
Engineer Brown noted that this is a joint effort with the cities of Excelsior and Tonka Bay. The roadways
proposed to be seal coated are Howards Point Road, Brent Ridge Drive, Pine Bend, Edgewood Road,
Grant Lorenze Road, Birch Bluff Drive and tentatively Eureka Road South, which will be based on other
activities to be finalized on Eureka Road.
Stover moved, Zerby seconded, adopting RESOLUTION NO. 00-040. "Approving Plans and
Specifications and Authorizing Advertisement of Bids for 2000 Bituminous Seal Coat Project."
Motion passed 5/0.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 10,2000
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9. REPORTS
A.
Administrator & Staff
1. Gideon Glen
Director Nielsen reported that Staff is consulting with the City assessor for names of
appraIsers.
2. Skate Park
Director Nielsen reported that the public hearing is being scheduled for May 2. The
Planning Commission will hold that public hearing and the Park Commission will also be
discussing this at their April!! meeting.
3. Freeman Park Multipurpose Building
Director Nielsen noted that this item was discussed earlier in this meeting and he had
nothing further to report at this time.
Director Nielsen reported that we have a number of applicants for the Finance Director position and Staff
plans to begin the review process and interviews next week.
B. Mayor & City Council
Councilmember Lizee asked if any Staff or Council would be able to attend a Hennepin County Parks
meeting on April 13. There are issues on the agenda pertaining to western suburbs. Councilmember
Zerby noted he would plan to attend the meeting.
Mayor Love reported that he attended the LCEC's meeting and reported on items which were covered at
that meeting.
10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS
Lizee moved, Garfunkel seconded, adjourning the Regular Meeting at 9:35 P.M., subject to
approval of claims. Motion passed 5/0.
RESPECTFULLY SUBMITTED.
Jean Panchyshyn,
Recording Secretary