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031201 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 12,2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:01 P.M. A. Roll Call Present: Mayor Love; Council members Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; and City Engineer Brown Absent: Planning Director Nielsen B. Review Agenda Mayor Love reviewed the agenda. Lizee moved, Zerby seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, February 26, 2001 Turgeon moved, Zerby seconded, approving the City Council Regular meeting Minutes of February 26, 2001, as presented. Motion passed 5/0. B. City Council Work Session Meeting Minutes, February 26, 2001 Lizee moved, Garfunkel seconded, approving the City Council Work Session Meeting Minutes of February 26, 2001. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, approving the Motions Contained in the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Adopting RESOLUTION NO. 01-019, "A Resolution Approving a Tree Trimmers License for 2001." B. A Motion Authorizing an Expenditure of Funds for Public Works Equipment Trailer. C. A Motion Adopting RESOLUTION NO. 01-020, "A Resolution Setting the Fee for a Commercial Lawn Fertilizer Applicator License." D. A Motion Approving a Sign Permit for the Park Nicollet Office Building (HealthSystem) at 19685 State Highway 7. E. A Motion Approving the Payment of Verified Claims. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES MARCH 12,2001 Page 2 of 5 . 4. MATTERS FROM THE FLOOR There were none. 5. PARKS Engineer Brown reported that the upcoming Park Commission Meeting will be February 13,2001. A. Consideration of a Motion to Approve an Agreement with South Tonka Little League for the Installation of an Irrigation System Brown reported that an agreement has been drafted whereby the South Tonka Little League can perform improvements to the fields at Freeman Park and transfer ownership of the improvements over to the City of Shorewood for perpetual maintenance. The conditions require that the improvements meet current standards and that the expenses lie solely with South Tonka Little League. This being said, Brown indicated that staff recommended approval of the agreement as presented. Turgeon inquired which fields would be affected by the improvements, and that the agreement reflect those fields. Brown said that Fields One and Two would be designated and added to the agreement. Turgeon also asked if the City would be free to remove any improvements it deems necessary at a later date. Attorney Keane stated since the improvements belong to the City it would be at the City's discretion to remove them. . Turgeon moved, Zerby seconded, approving the Agreement with South Tonka Little League for the Installation of an Irrigation System on Fields One and Two. Discussion resumed, as Council member Lizee inquired as to the life span and ongoing maintenance costs of an irrigation system like the one proposed. Brown indicated that typically these systems have a life span of 10 - 12 years and an annual operating expenditure on existing fields of approximately $3,000 - $6,000 based on the cost of pumping and using the water. Lizee asked if Public Works maintained the systems or whether this was contracted out. Brown said that the Department of Public Works performs about 80% of the maintenance, including draining the systems and fixing small problems, but will call in Toro, for example, to fix electronic problems. Lizee asked for clarification of how the fields will be restored. Brown pointed out, that as far as the agreement is concerned with Little League, it has agreed to install the system and restore the fields to at least their current conditions. He added that any plans or specifications would have to be reviewed and approved by the engineer's office. Mayor Love asked Engineer Brown to review the advantages of installing an irrigation system, other than keeping the fields green. Brown pointed out that during drought season better care of the fields is possible, but more importantly, because of the high use of ball fields in general, studies by MCES have shown that as fields get more compacted the risk of injury is greater. Brown shared the opinion that with the added irrigation system, the hope is that it will help to prevent some of that compaction and keep the fields more serviceable. Other benefits include limiting the growth of weeds during drought season. On the other hand, Brown cautioned, that during drought periods, the City also needs to work on conservation of water resources as well. A healthy balance will need to be established. Garfunkel asked who would be in control of the irrigation system. Brown said that the City would have the key and that the maintenance department would have final control. . Motion passed 5/0. . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 12, 2001 Page 3 of 5 6. PLANNING Commissioner Woodruff reported on matters considered and actions taken at the March 6, 2001, Planning Commission Meeting (as detailed in the minutes of that meeting). The first matter considered, and open for public hearing, was an appeal for the necessity of a setback variance by Mr. Russell. The Commission had denied the variance at a previous meeting and the appeal came back asserting whether such a variance was even necessary. The City Council will be seeing more on this issue at its next meeting. The appeal was denied 5/0. Other matters of business included, reappointing Bailey as Chair and affirming Woodruff as the Vice-Chair; reviewing the Commission work program for 2001 and planning the joint meeting with Council for March 20, 2001; and finally, discussion over District 1, the islands, occurred concerning the possibility of sharing services with Minnetrista. Mayor Love complimented the Commission on their initiative to consider joint services with neighboring communities. 7. GENERAL A. A Motion Authorizing an Agreement with the Watershed District for Gideon Glen Mayor Love asked Administrator Dawson to introduce Eric Evenson of the MCWD. Dawson reported that at the time the agreement was made between the City of Shorewood and the Minnehaha Creek Watershed District to purchase Gideon Glen certain conditions applied. Now that the purchase has been made, the cooperative agreement between the two parties needs to be approved and executed so that the MCWD can get its funds approved for the acquisition. Eric Evenson explained that the MCWD is faced with the challenge of amending its internal CIP Plan to include the expenditure of these funds for wetland conservation. The amendment process takes approximately 60-90 days, making the funds available by the first part of July. Mayor Love shared that from his experience at the MCWD, this procedural timeframe allows for public input and gives the MCWD the opportunity to educate the public on this wetland preservation effort. Zerby complimented MCWD on its efforts. Dawson added that the City of Shorewood looks forward to future cooperative agreements and joint ventures with MCWD via wetland preservation. Mayor Love thanked the MCWD once again for a wonderful collaboration and complimented it for supporting the City's Phosphorus Lawn Fertilizer initiative as it moves into the legislature. Lizee moved, Zerby seconded, authorizing the Agreement with the Watershed District for Gideon Glen. Motion passed 5/0. B. A Motion Setting Dates for future Council Work Session Meetings Administrator Dawson reported that a number of special meetings will be coming up for the City Council. These include a joint meeting with the Planning Commission on March 20, 2001 at 7 pm; a kick-off session on the Community Visioning process presented by the City Consultant following the Regular City Council Meeting of March 26, 2001; and finally, April 17, 2001, looks to be the date for the upcoming orientation session immediately following the Planning Commission work session. Mayor Love indicated that, with no objection, staff will be directed to continue scheduling the above mentioned meetings on the dates given. 8. ENGINEERINGIPUBLIC WORKS Engineer Brown had nothing further to report. . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 12,2001 Page 4 of 5 9. REPORTS A. Administrator & Staff 1. Gideon Glen Mayor Love referred to the discussion of Gideon Glen that took place earlier this evening. The LCEC will be looking at a Phase One outline for Gideon Glen tomorrow evening presented by Dan Dickel, City Consultant. 2. Skate Park Brown reported that although he had hoped to award the Skate Park equipment contract this evening, he will be meeting with the design committee once more to discuss new proposals put forward by several vendors. The designs vary greatly and he would like to discuss the options with the committee before making a final recommendation to Council next time. Mayor Love shared a recent visit with a group of third graders who were very excited and anxiously awaiting the grand opening of the Skate Park. 3. Eddy Station Engineer Brown reported that the Park Commission and staff are working on finalizing the building, as well as, working on the final kick-off date for its Grand Opening. 4. County Road 19 Intersection Brown mentioned that he was awaiting a call back from Bruce Polaczyk, of Hennepin County, to find out where the county is on the design. Brown has provided them with the necessary information on the City's current right of way negotiations. He hoped to have something to present to Council in the near future. B. Mayor & City Council Mayor Love reported that earlier this evening the City Council interviewed Paula Berndt regarding her reapplication to the Park Commission. Mayor Love asked if any member would like to make a motion. Lizee moved, Turgeon seconded, reappointing Paula Berndt to the Park Commission for a three- year term. Motion passed 5/0. Mayor Love reported that this morning he, administrator Dawson, and Eric Evenson, of the MCWD, met to discuss the Phosphorous Legislation. They have been getting a considerable amount of support for this legislation and Mayor Love anticipates speaking to the Mound City Council on March 13,2001. He will also be addressing the Lake Area Mayors meeting that morning and the LMCD on Wednesday evening, March 14th. After hearing from Commissioner Steele's office, Mayor Love learned that she intends to bring the initiative to the Hennepin County Board for support. Mayor Love deferred to Administrator Dawson to identify additional cities and organizations that may have an interest in this matter. Dawson shared an ever-expanding working list and added that there has been much support from an enforcement standpoint, restrictions over use and sale, and concern over water quality. He then invited Attorney Keane to share additional information he had gained from a meeting with Senator Linda Higgins. Attorney Keane reported that Senator Linda Higgins, co-author of two other phosphorus lawn fertilizer limiting legislative enactments in the Senate Environmental Committee, was enthusiastic to see this third enactment come across her desk. He said that she will be working with us, as a key member of that committee, to solicit additional sponsors from the Committee to be sure that this bill will be part of a l', . . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 12, 2001 Page 5 of 5 larger environmental legislation being considered by the Senate. He continued that Joel Carlson, lead Legislative lobbyist for the Minnehaha Creek Watershed District, recommended focusing efforts for this Bill on the Senate rather than the House, who is considering a phosphorus Bill currently. Although the House legislation does not go as far as this legislation does, they can track the House Bill and push this legislation through the Senate and then reconcile the differences between the two later. Attorney Keane advised Council Members to share with legislators and others around the State that we have phosphorus lawn fertilizer legislation moving ahead, it restricts the use and sale of it, and that we are looking for their support. He reminded the Council that phosphorus is still liberally being applied to our lawns and it is an unnecessary additive to our soil here. In order to keep it from being further introduced into our freshwater, it is critical to limit its use and sale. Public education is still necessary. Many people do not understand the risk phosphorus poses for our lakes. He added that one pound of phosphorus in our lakes can be responsible for a 400-500 pound algae bloom. Keane pointed out that the largest fertilizer producer, Scotts only offers a single formulation and needs to tailor its fertilizers on a regional basis. Mayor Love added that it costs MCWD $240 a pound to remove the phosphorus from our freshwater. Lizee inquired who the public could contact to encourage passage of this legislation. Keane noted that the public would be well served by contacting their own legislators, state lawmakers, or Administrator Dawson's office who has a roster of the legislative delegation around the state. Turgeon suggested more information be added to our website regarding this potential legislation. Dawson stated that this simple yet elegant legislation is geared specifically to our lawns. He maintained that as simple as it is, time is of the essence. Dawson shared that if this legislation does not make it out of Committee by March 30, 2001, the bill will be dead for this legislative session. Mayor Love urged the Council to get out in the public and share it with people. 10. ADJOURNMENT Zerby moved, Lizee seconded, adjourning the Regular City Council Meeting of March 12, 2001, subject to the approval of claims at 7:48 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED. Kristi Anderson Recording Secretary !'\ l I /') I ;' / i r / L!0\w--/~ Woody Love, Mayor