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102300 CC Reg Min .. . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 23, 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 Stover; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Councilmember Zerby B. Review Agenda Mayor Love reviewed the Agenda, noting there would be an Executive Session Meeting immediately following this evening's Council Meeting to discuss issues regarding USF&G. Lizee moved, Stover seconded, approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Special Session Meeting Minutes of October 3, 2000 Garfunkel moved, Lizee seconded, approving the City Council Special Session Meeting Minutes of October 3, 2000, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes of October 9, 2000 Lizee moved, Garfunkel seconded, approving the City Council Regular Meeting Minutes of October 9, 2000, as presented. Motion passed 4/0. 3. CONSENT AGENDA Stover moved, Garfunkel seconded, Approving the Motions Contained in the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Adopting RESOLUTION NO. 00-104, "A Resolution Approving License to Sell Tobacco Products B. A Motion Approving Expenditure of Funds for Office Furniture C. A Motion Setting the Date for the Enterprise Fund Budget Meeting .. . . . CITY COUNCIL REGULAR MEETING MINUTES October 23, 2000 Page 2 of 6 D. A Motion Authorizing Advertisement for Public Works Light Equipment Operator Position E. A Motion Establishing December 8, 2000, as the Date for the Annual Staff Appreciation Party F. A Motion to Approve the LMCIT Excess Liability Coverage and to Not Waive the Monetary Limits Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor this evening. 5. PARKS A. Report on Park Commission Meeting of October 10, 2000 Commissioner Arnst reported on matters considered and actions taken at the October 10, 2000, Park Commission meeting (as detailed in the minutes of that meeting.) B. A Motion Approving the Concept of a Parks Fundraising Event for 2001 Commissioner Arnst explained, as part of her Park Commission Meeting Report, the Park Commission had a discussion regarding fundraising events. Many ideas were shared with the possibility of a charity golf tournament being a preferred choice of the Commission. She asked for Council's support as well as feedback about this idea. Council indicated support, and Mayor Love stated this matter could be fully discussed at a joint meeting between the City Council and the Park Commission on November 28,2000. 6. PLANNING A. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Fill in Excess of 100 Cubic Yards Applicant: Mark Johnson Location: 26060 Wild Rose Lane Director Nielsen reported Mr. Johnson was proposing to build a house on this site. ill order to do so, fill would be required in an effort to raise the elevation of the house and driveway. There were issues of concern related to drainage, a sewer easement, wetlands on site, as well as unique topography causing a severe slope in the proposed driveway. He also explained the applicant's engineer had submitted a final grading plan in which many of these issues had been addressed. He further noted Engineer Brown had concerns, as stated in his memorandum, specifically related to drainage and how best to direct water around the home and along Wild Rose Lane, which had been addressed as well. Mark Johnson, 26060 Wild Rose Lane, commented changes had been proposed as part of the final grading plan, indicating elevation would be brought up twelve inches, thus, reducing the grade of the driveway from approximately ten percent to approximately seven and one-half percent. . . . CITY COUNCIL REGULAR MEETING MINUTES October 23, 2000 Page 3 of 6 Mayor Love stated he had great concern for the potential erosion on this site due to its severely sloping topography. Engineer Brown responded most of the engineering items of concern regarding erosion had been addressed. However, "Type 3" Erosion Control measures would be instituted, including the use of steel posts and wire, and a silt fence with hay bales placed at the base. Mayor Love asked that these measures be closely monitored as part of the building process. Mr. Johnson stated, in response to Councilmember Lizee's question, that granular fill would be brought to the site as soon as grading was complete. Engineer Brown commented that granular fill would be required to avoid "wash-outs" on site. Director Nielsen noted the applicant would like to be able to build as soon as possible so all possible measures would need to be followed in order for this to occur. Garfunkel moved, Stover seconded, Adopting RESOLUTION NO. 105, "A Resolution Approving a Conditional Use Permit for Fill in Excess of 100 Cubic Yards for Mark Johnson, 26060 Wild Rose Lane. Motion passed 4/0. *For future reference, please note there are two Planning Commission memorandums on file at City Hall. One is a memorandum from Brad Nielsen, dated September 1, 2000-referencing File No. 405(00.26). The second memorandum is from Larry Brown, dated October1, 2000-referencing PID No. 32-117-23-12-0010. Both these memorandums provide detailed analysis and explanation in response to concerns referenced in these minutes. B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Applicant: Steve Polston Location: 28215 Boulder Circle Director Nielsen explained Mr. Polston had proposed building a single-story detached garage on site. The site is currently occupied by the applicant's home, an attached garage, a small utility shed, and a tennis court. The City Zoning Code specifies four criteria to be met when granting a conditional use permit. This request met all criteria, once the unbuildable parcel to the east had been legally combined, and the landscaping plastic would be perforated to reduce hardcover on site. Director Nielsen also commented a landscaping plan was recommended by the Planning Commission as part of the approval process in this matter. Further, this landscaping plan would be subject to the review and approval by the Planning Director. If the landscaping could not be completed during this growing season, the Applicant would need to submit a letter of credit for one and one half times the amount of the estimated cost of the landscaping, as security to guarantee the work would be done by June 30, 2001. Lizee moved, Stover seconded, Adopting RESOLUTION NO. 106, "A Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet for Steve Polston, 28215 Boulder Circle. Motion passed 4/0. 7. GENERAL A. Invitation to Join the Excelsior Chamber of Commerce - Linda Murrell, Executive Director . . . CITY COUNCIL REGULAR MEETING MINUTES October 23, 2000 Page 4 of 6 Mayor Love welcomed Linda Murrell, Executive Director of the Excelsior Area Chamber of Commerce. Ms. Murrell stated her intention to invite the City of Shorewood to join the Excelsior Area Chamber of Commerce. She noted in previous years this invitation had been declined. She explained there were many reasons, as well as benefits to be gained by the City, in joining the Chamber this year. Mayor Love thanked Ms. Murrell for her invitation and for reaching out to different cities in an effort to create a strategic plan for the area. Council also expressed support for accepting this invitation. Lizee moved, Stover seconded, Joining the Excelsior Area Chamber of Commerce. Motion passed 4/0. 8. ENGINEERINGIPUBLIC WORKS A. Motion to Adopt a Resolution Approving Change Order No.1 for Freeman Park Sewer and Water Project Engineer Brown reported there had been a need to utilize directional boring as part of this project due to private utilities being placed improperly in original construction of the area. In spite of the requested change order, this project remained under budget. Councilmember Stover asked if there could be any problems in the future related to directional boring in this area. Engineer Brown responded directional boring could sometimes produce trouble, however, this area was a straight segment, and he did not believe it would pose any future problems. Garfunkel moved, Stover seconded, Adopting RESOLUTION NO. 107, "A Resolution Approving Change Order No.1 for Freeman Park Sewer and Water Project." Motion passed 4/0. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Mayor Love stated a signed purchase agreement had been received from Mr. Tom Sims indicating agreement on a price of four hundred thousand dollars for the acquisition of Gideon Glen property by the City. Attorney Keane expressed his delight in this recent acquisition, noting the title work had been ordered as well as a review of environmental documents. He stated the environmental documents are being verified, but he did not anticipate any problems as this level of due diligence had been completed once before when Mr. Sims had acquired the property. The anticipated closing date on the property would occur in approximately forty-five days. 2. Skate Park Engineer Brown stated the contractor had acquiesced and decided to bear some of the responsibility for the damage done to this area during the reconstruction project on Highway 7. He noted the contractor would bear a substantial amount of the cost for the necessary overlay in an effort to restore the area soon to be occupied by the Skate Park. Some work had been done to ready the area for the Skate Park, such as . . . CITY COUNCIL REGULAR MEETING MINUTES October 23, 2000 Page 5 of 6 enlarging the driveway entrance, removal of some of the blacktop on site, and beginning to landscape the berm area in the interim until the overlay project by the contractor could be completed. 3. Eddy Station Engineer Brown reported Eddy Station was proceeding nicely. As of last Saturday, the concrete, shingles on the roof, and the floor had been installed. He anticipated completion of this project to be sometime in the middle of December of this year. 4. County Road 19 Intersection Engineer Brown expressed his gratitude to the news reporters for their efforts in helping to work with the Councils of Tonka Bay and Shorewood in an effort to move forward with the proposed "Option Three" alternative for this intersection. Should the Tonka Bay City Council formally approve this option at their October 24, 2000, City Council Meeting, the design process with Hennepin County would begin to move forward over the course of the next year. Mayor Love questioned Engineer Brown as to whether it would be feasible to have this intersection constructed during the 2002 construction season. Engineer Brown responded it may be possible and, in his opinion, due the great concern for public safety, it could not be built too soon. B. Mayor & City Council 1. Excelsior Fire District Mayor Love summarized a report prepared by a consultant regarding the Excelsior Fire District. He noted good and reliable service was being provided to the City, however, there were some concerns as well. The present location of the Fire Station and the number of people responding were stated as areas of concern. Recommendations from the study stated more firefighters need to be recruited, and the fire station should be relocated. A primary fire station was recommended to reside at the County Road 19 and Country Club vicinity with a satellite station to serve the eastern area of the fire district residing in the Cottagewood and Minnetonka Boulevard vicinity. However, recruiting of additional firefighters and construction of new fire stations would need to go hand-in-hand. Mayor Love also noted the current firefighters are doing an excellent job-more are required according to the study. He also noted, while there are concerns related to the number of people responding to an emergency, well-trained police officers act as "first responders" as well as the firefighters. Mayor Love stated needs of space, training, and the potential opportunity to combine a police and fire station were also matters requiring consideration. Mayor Love further noted the hiring process had begun for a Fire Chief. Mayor Love asked if there were any other reports this evening. Planning Commission Chair Bailey apologized to Council for his late arrival this evening. He briefly reported on the matters considered and actions taken at the October 3, 2000, Planning Commission Meeting (as detailed in the minutes of that meeting.) He also reported there would be a Public Hearing for the Shorewood Yacht Club's formal application for Comprehensive Plan Amendment on November 2,2000, at 7:00 P.M. . . . .. .. .. CITY COUNCIL REGULAR MEETING MINUTES October 23, 2000 Page 6 of 6 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Garfunkel seconded, adjourning the Regular City Council Meeting of October 23, 2000, to Executive Session, subject to the approval of claims at 8:00 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary ~/J.X^--Jl:o.~ Kristi Stover, Acting Mayor