061200 CC Reg Min
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JUNE 12,2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:00 P.M.
A. Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, Lizee, and Zerby; Attorney Keane; Planning
Director Nielsen; Engineer Brown
Absent:
Councilmember Stover (arrived at 7:30 P.M.)
B. Review Agenda
Mayor Love read the agenda for the meeting. Director Nielsen requested adding Item 7F, A Motion
Approving a Permit Request for a Graduation Party on June 17, 2000, from 2:00 -7 :00 P.M. for Michael
Catain, 4360 Enchanted Drive. He also noted the plat referenced in Item 6A should be for Smithtown
Woods- not Smithtown Meadows.
Lizee moved, Garfunkel seconded, approving the agenda as amended. Motion passed 4/0.
2.
APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, May 22, 2000
Zerby moved, Lizee seconded, approving the City Council Regular Meeting Minutes for May 22,
2000, as presented. Motion passed 3/0, with Garfunkel abstaining because of his absence at that
meeting.
3. CONSENT AGENDA
Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein:
A. A Motion Approving a Sign Permit at the Southwest quadrant of Smithtown Road
and Lake Virginia Drive for the Virginia Highlands Homeowners Assoc.
B. A Motion Granting an Extension of Time to Comply With a Notice to Remove for
Gene Clapp, 6050 Chaska Road.
C. A Motion Granting an Extension of Time to Comply With a Notice to Remove for
Richard Veien, 5920 Glencoe Road.
Motion passed 4/0.
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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 Tours and Meeting Held May 23, 2000
Engineer Brown reported on matters considered and actions taken at the May 23, 2000, meeting of the
Park Commission (as detailed in the minutes of that meeting).
Engineer Brown noted there were concerns from residents near the proposed Skate Park site regarding
pedestrians crossing over the new median barrier on Highway 7, rather than utilizing the crosswalk in
that area.
Mayor Love also expressed concern over this issue. He reminded citizens the crosswalks are marked for
use in that area, and the choice made in not using these crosswalks puts a person in serious danger of
being hurt.
Engineer Brown also reported the City has been working with MNDOT, under their current project in
that area, to construct a concrete walk from the signal light at Highway 7 opposite Old Market Road to
St. Alban's Bay Circle in an effort to facilitate usage of appropriate routes in that area.
B. A Motion Approving the Name of the Freeman Park Multi Purpose Building
Director Nielsen explained the interesting background surrounding this site. Connie Bastyr, a City Staff
member, researched this matter and found evidence of the first homesteader on this site named Henry
Eddy. In addition, Ms. Bastyr located an old map of Excelsior Township and found a wagon stop along
the Old Yellowstone Trail (now Highway 7), named Eddy Station. Because of the location of the
Freeman Park Multipurpose Building, it was suggested that the name be changed to Eddy Station to
reflect the rich heritage of the site.
Councilmember Lizee congratulated Ms. Bastyr on a job well done. Mr. Eddy's daughter and great
granddaughter are still active in the community, and she believed they were happy to hear of this
suggested name. Further, she stated she liked the idea of a historical kiosk within the building to explain
the rich heritage to the public.
Lizee moved, Zerby seconded, Approving the Name of Eddy Station to replace the Name of
Freeman Park Multi Purpose Building. Motion passed 4/0.
C. A Motion Al?proving a mailing to Smithtown Road Residents regarding the Trail
Project
Engineer Brown explained the background behind the Park Commission's perceived need for a mailing
to Smithtown Road residents as it related to a potential trail project west of the LRT.
Councilmember Garfunkel stated he was a bit confused by the perceived need for this mailing as it was
his understanding there was significant support for this project within the last six months. In addition, he
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would like to be certain the responses received from the mailing would be representative of what a
majority of residents wanted with regard to the trail project.
Zerby moved, Lizee seconded, Approving a Mailing to Smithtown Road Residents regarding the
Trail Project.
Mayor Love commented he has some concern as well related to the wording used in the mailing, but likes
the idea that it allows for neighborhood input.
Engineer Brown explained this would be a single mailing with no timeframe. The speed at which the
enclosure cards were returned could be perceived as an indicator of support as well.
Councilmember Garfunkel suggested a follow-up idea, such as a phone call to residents to remind them
to return the cards, be utilized. If a minority of people in the neighborhood returned the cards, thinking
their ideas had been heard at the Open House in April or through earlier discussions, there may not be
much information transmitted by the cards.
Mayor Love commented he also supported the idea of a follow-up, but believes clarification still needs to
be made in the mailing. After further discussion, Council concluded the information hoping to be
obtained really relates to the trail planning process and would like to see this made clear in a revision of
the mailing.
Motion passed 4/0.
6. PLANNING - Report by Representative
Commissioner Turgeon reported on matters considered and actions taken at the June 6, 2000, meeting of
the Planning Commission (as detailed in the minutes of that meeting).
Councilmember Stover arrived at 7:30 P.M.
Mayor Love questioned Commissioner Turgeon if the covenant to be discussed as part of Item 6F would
be recorded on the deed. She responded affirmatively.
Councilmember Stover asked with regard to this same item, if the City of Chanhassen had to agree to the
simple subdivision/combination as well. Attorney Keane responded he believed it would need to be
approved in the City of Chanhassen as well. Director Nielsen explained the pieces of land were being
combined with pieces in Chanhassen. He did not see any reason for objection. He noted the split is being
recorded in Hennepin County, and the covenants are being placed on the Hennepin County parcels.
A. A Motion Directing Staff to Prepare a Resolution Approving a Preliminary Plat for
Smithtown Woods
Location: 25865/25895 Smithtown Road
Applicant: Brian Ohland and Clint Carlson
Director Nielsen provided background on this matter. He noted a reforestation and tree preservation plan
needs to be submitted as part of the plat approval process for each lot. Existing driveways will be moved
to access off the new street. Furthermore, a short linkage to the LRT is recommended by the Planning
Commission. This linkage is to be done in conjunction with the construction of the new street in the
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area, thus, allowing anyone purchasing lots three or four to be well aware a trail link is there and marked.
Also, a thirty foot outlot is requested, as well as a watermain extension in this linkage area.
Director Nielsen reminded the applicants they have six months to apply for a final plat.
Engineer Brown provided background on the watermain issues regarding this plat, and noted this
provides a very timely resolution to the watermain distribution problems in this area. Also, a Grading,
Drainage, and Erosion Control plan and construction budget needs to be submitted as part of the final
plat.
Stover moved, Garfunkel seconded, Directing Staff to Prepare a Resolution Approving a
Preliminary Plat for Smithtown Woods, with the stipulation the Park Commission needs to discuss
and approve the trail link before final plat approval. Motion passed 5/0.
B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory
Space in Excess of 1200 Square Feet of Area
Location: 22375 Murray Street
Applicant: Robert Cunningham
Garfunkel moved, Stover seconded, Adopting RESOLUTION NO. 00-055, "A Resolution
Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet of Area
for Robert Cunningham, 22375 Murray Street." Motion passed 5/0.
C.
A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory
Space in Excess of 1200 Square Feet of Area
Location: 5695 Merry Lane
Applicant: Steve and Ann Anderson
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Stover moved, Garfunkel seconded, Adopting RESOLUTION NO. 00-056, "A Resolution
Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet of Area
for Steve and Ann Anderson, 5695 Merry Lane." Motion passed 5/0.
D. A Motion to Adopt a Resolution Approving a Final Plat for Seamans Estates
Location: 6115 Seamans Drive
Applicant: Kim Koehnen
Director Nielsen reported there had been a few changes from the Preliminary Plat regarding this matter.
There are four lots to be developed-not five. Lot four could be subdivided in the future and will be
subject to the formal platting procedures as part of that subdivision. The plat was also modified to show
an outlot. Ms. Koehnen would like to convey that parcel to the neighbors to the east in the future as their
driveway encroaches on her land, and all parties would like to see this remedied.
An abbreviated Development Agreement, calling for a stormwater retention plan, had also been attached
to the resolution. Director Nielsen noted the resolution stated the Developer's Agreement is to be filed
within thirty days and this should be changed to sixty days. Also, if outlot A is not conveyed to the
neighbors to the east, then the language should be changed to legally be part of Lot Four.
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Engineer Brown provided background related to the stormwater pond and the Development Agreement.
He noted the applicant's engineer believed the pond could be held to the confines of the predeveloped
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CITY COUNCIL REGULAR MEETING MINUTES- JUNE 12,2000
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stormwater runoff rate and believed the plat was ready for approval contingent upon the calculations
being in place prior to execution of the Development Agreement and building permit.
Ms. Koehnen was in attendance and stated she was very happy to be able to bring this dream to fruition.
She noted this property has been part of her family for over one hundred years. Also, she stated she
could see no problem meeting the City Engineer's drainage recommendations, and thanked the Council
and Staff for their patience and help throughout this process.
Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 00-057, "A Resolution Approving a
Final Plat for Seamans Estates, for Kim Koehnen, 6115 Seamans Drive, noting the City Planner's
revisions and revisions made by the City Engineer." Motion passed 5/0.
E. A Motion to Adopt a Resolution Approving a Simple Subdivision/Combination (Lot
Line Rearrangement) for Carl Zinn
Location: 5820 Ridge Road
Applicant: Carl Zinn
Director Nielsen stated the City would like to credit Mr. Zinn with solving his own problem in this
matter. He noted Mr. Zinn needs to provide drainage and utility easements along the new lot line.
Stover moved, Zerby seconded, Adopting RESOLUTION NO. 00-058, "A Resolution Approving a
Simple Subdivision/Combination (Lot Line Rearrangement) for Carl Zinn, 5820 Ridge Road."
Motion passed 5/0.
F.
A Motion to Adopt a Resolution Approving a Simple Subdivision/Combination for
Kirk Dickey and Ted Bigos
Location: 3221 State Highway 7
Applicant: Kirk Dickey and Ted Bigos
Director Nielsen explained the background on this matter, noting this situation has been created due to
the fact that the applicant's properties are actually in Chanhassen with the narrow piece of land to be
acquired existing in Shorewood. He noted because the properties cannot be legally combined due to
municipal and county boundaries, there should be a deed restriction placed on the parcels in Shorewood
and Hennepin County stating the parcels should not be sold separately from the respective adjoining lots.
Zerby moved, Stover seconded, Adopting RESOLUTION NO. 00-059, "A Resolution Approving a
Simple Subdivision/Combination for Kirk Dickey and Ted Bigos, 3221 State Highway 7." Motion
passed 5/0.
7. GENERAL
A. A Motion to approve the purchase of a Computer and Cash Register for the
Municipal Liquor Store in Tonka Bay and for Credit Card ID Equipment for all
Three Stores
Garfunkel moved, Zerby seconded, Approving the Purchase of a Computer and Cash Register for
the Municipal Liquor Store in Tonka Bay and for Credit Card ID Equipment for all Three Stores.
Motion passed 5/0.
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Councilmember Stover noted the Liquor Store funds would pay for this purchase. Councilmembers
Garfunkel and Zerby each commented Mr. Swandby has done a great job of following through on plans
for the store.
B. A Motion to Adopt a Resolution Regarding a Transition to Excelsior Fire District
Mayor Love provided background on this issue. He noted there appeared to be tremendous support for
the Joint Powers Agreement throughout the five cities. Currently, four cities are in agreement, with
Excelsior anticipated to become part of the agreement very soon.
Garfunkel moved, Lizee seconded, Adopting RESOLUTION NO. 00-060, "A Resolution Regarding
a Transition to Excelsior Fire District." Motion passed 5/0.
C. A Motion to Adopt a Resolution Regarding Approving a Joint Powers Agreement
for Fire Services
Stover moved, Garfunkel seconded, Adopting RESOLUTION NO. 00-061, "A Resolution
Regarding Approving a Joint Powers Agreement for Fire Services." Motion passed 5/0.
Mayor Love thanked the Council for its trust, support, and perseverance in this matter, noting he and
Councilmember Garfunkel felt able to be very effective knowing the Council was supportive.
D. A Motion to Authorize the Hiring of a Finance Director
A candidate has been selected for this position and will be working on a part-time basis beginning July
. 3, 2000, and moving to full-time on July 15, 2000.
Stover moved, Zerby seconded, Authorizing the Hiring of a Finance Director. Motion passed 5/0.
E. A Motion Directing Staff to Prepare an Ordinance Regulating the Use of Phosphate
Fertilizers
Fred Bruno, Chairman of the Land Conservation and Environment Committee, made a presentation to
Council regarding the use of phosphate fertilizers. He stated he had been conducting research on this
type of fertilizer for quite some time utilizing both local and national experts. He had found one pound
of phosphorus will produce approximately three to six hundred pounds of algae. He stated his belief that
all people living in the state of Minnesota should be considered lakeshore owners. Because there are so
many lakes in the state, people need to be continually aware that whatever contaminants people are using
on their property eventually finds its way to a water body through run-off. As a result of his research, he
strongly recommended the City adopt an ordinance prohibiting the use of phosphate fertilizers within
Shorewood.
Councilmember Garfunkel questioned the enforcement aspects of such an ordinance. Mr. Bruno
explained that in other communities such as Golden Valley and Plymouth, which have adopted such
ordinances, it is a petty misdemeanor to break an ordinance of this kind. He also noted the law would act
more as an educational tool for people. He likened it to recycling where people begin to comply with the
ordinance because it is viewed as a moral imperative, rather than compliance with the law.
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Stover moved, Garfunkel seconded, Directing Staff to Prepare an Ordinance Regulating the Use of
Phosphate Fertilizers. Motion passed 5/0.
E. A Motion Approving a Party Registration and Permit for a Graduation Party on
June 17,2000, from 2:00 P.M. -7:00 P.M.
Applicant: Michael Catain
Location: 4360 Enchanted Drive
Lizee moved, Stover seconded, Approving a Party Registration and Permit for a Graduation Party
on June 17, 2000, from 2:00 P.M. -7:00 P.M. for Michael Catain, 4360 Enchanted Drive. Motion
passed 5/0.
8. ENGINEERING/PUBLIC WORKS
A. A Motion to Adopt a Resolution Accepting Bids and A warding a Contract for the
Bituminous Seal Coating of Streets
Lizee moved, Stover seconded, Adopting RESOLUTION NO. 00-062, "A Resolution Accepting
Bids and A warding a Contract for the Bituminous Seal Coating of Streets."
Motion passed 5/0.
B. A Motion Authorizing Expenditure of Funds for Infiltration and Inflow Reduction
- Sanitary Sewer System
Lizee moved, Zerby seconded, Authorizing Expenditure of Funds for Infiltration and Inflow
Reduction - Sanitary Sewer System. Motion passed 5/0.
C. Discussion Regarding Bids and Finance Plan for Freeman Park Multi-Purpose
Building
Engineer Brown reported on the bidding process for the Freeman Park Multi-Purpose Building (known
hereafter as Eddy Station). He would like to check references and past work history of the possible
contractors for this project. It is anticipated bids will be brought back to the Council for award at the
next regularly scheduled City Council meeting.
Engineer Brown also explained the Finance Plan for Eddy Station as well. Questions from
Councilmembers reflected concerns about anticipated revenues needed to help fund the construction of
this building.
Stover moved, Zerby seconded, Approving the Finance Plan. Motion passed 5/0.
9. REPORTS
A. Administrator & Staff
1. Gideon Glen
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Director Nielsen reported Mayor Love met with the Land Conservation and Environment Committee to
ask for help in publicizing the project in an effort to gather support within the neighborhood. A
completed appraisal is hopeful for the July 10, 2000, City Council meeting.
2. Skate Park
The Park Commission will meet on June 13, 2000, to review plans for the Skate Park. A
recommendation to Council should follow as part of the planning process for this matter.
3. Joint Meeting with Tonka Bay City Council
Tonka Bay has asked to reschedule the June 20, 2000, Joint Meeting. It is to be rescheduled in July,
2000.
B. Mayor & City Council
Engineer Brown reported the Vine Hill/Covington Road Trail Project is underway and seems to be
moving along in a positive manner.
Councilmember Zerby questioned status on the visioning process. Director Nielsen stated he hoped to
have an answer regarding proposals in July, 2000.
Attorney Keane, in response to Councilmember Zerby's question regarding the Gideon Glen billboard
matter, explained a settlement proposal will be presented at a June 26, City Council Meeting.
Councilmember Zerby also requested an update on the ward systems discussion. Director Nielsen
explained he was still waiting for some census information, and then he would present a three ward and
four ward system to Council for review in a work session format.
Councilmember Lizee reported the Fourth of July Celebration Committee is looking for volunteers to
work at the Information Booth in the Excelsior Commons area on the Fourth of July. If interested, please
let her know.
10. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS
Lizee moved, Stover seconded, adjourning the Regular City Council Meeting to Executive Session
at 9:17 P.M., subject to the approval of claims. Motion passed 5/0. Mayor Love announced that the
regular meeting would reconvene at approximately 9:45 P.M.
The Regular City Council Meeting of June 12,2000, was reconvened at 10:46 P.M.
Council is directing the following action after meeting in Executive Session.
Council is directing the City Engineer and Public Works Department to proceed with the Vine
Hill/Covington Road Trail Project with the exception of the segment abutting Mr. Ron Johnson's
property to be constructed after the City has acquired a trail easement from Mr. Ron Johnson on the west
side of Vine Hill road. In addition, Council directed the City Attorney to commence Eminent Domain
proceedings to acquire right-of-way for a trail on the west side of Vine Hill Road abutting the Johnson
property without delay.
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Garfunkel moved, Lizee seconded, adjourning the reconvened June 12,2000, Regular City Council
Meeting at 10:47 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor