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022304 CC Reg Min , . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 23,2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:02 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, and Turgeon, Attorney Keane (arrived 7:05 P.M.); and Planning Director Nielsen (Acting Administrator for this meeting) Absent: Councilmember Zerby; Administrator Dawson; Engineer Brown; and Finance Director Burton B. Review Agenda Mayor Love reviewed the Agenda for the evening noting Director Nielsen would be Acting City Administrator in the absence of Administrator Dawson. Director Nielsen requested Item 3D be moved to Item 8B, and Item 8A be removed from the Agenda this evening at the request of the applicant. This action would move Item 3D to 8A on the evening's Agenda. Turgeon moved, Lizee seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, February 9, 2004 Garfunkel moved, Turgeon seconded, Approving the City Council Special Meeting Minutes of February 9, 2004, as presented. Motion passed 3/0/1, with Lizee abstaining due to absence at that meeting. B. City Council Regular Meeting Minutes, February 9, 2004 Garfunkel moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of February 9, 2004, as presented. Motion passed 4/0. 3. CONSENT AGENDA Turgeon moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - None . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 2004 Page 2 of7 C. Adopting RESOLUTION NO. 04-014, "A Resolution Supporting an Application by the West Hennepin Area Housing Land Trust for Community Development Block (CDBG) Funding from the Hennepin County Consolidated Pool." D. Declaring Adequacy of Petition for Local Improvement on Timber Lane (This item was moved to Item 8B for further discussion and consideration.) E. Adopting RESOLUTION NO. 04-015, "A Resolution Approving Wetland Setback Variances for Linden Hills Development, LLC, 5965 Linden Court" And Adopting RESOLUTION NO. 04-016, "A Resolution Approving Wetland Setback Variances for Linden Hills Development, LLC, 5975 Linden Court." F. Approving a Sign Permit for De' Paris Nails, 23700 State Highway7 Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. Attorney Keane arrived at 7:05 P.M. 5. REPORTS AND PRESENTATIONS A. 2003 Year-End Report on the Southshore Senior Community Center by Joyce Flury Joyce Flury, Director of the Southshore Senior Community Center, thanked Council for continued support and cooperation throughout the past year. She reviewed the annual report from Senior Community Services, a branch of the United Way, whose goal was to keep seniors in their homes as long as possible and to assist with associated needs. She stated the Center had a new logo designed by Jim Hillis, "The Heart of Active Living, n that epitomized the activity taking place at the Community Center for all ages of residents of the South Lake Minnetonka community. Ms. Flury then reviewed the annual report, noting various statistics associated with the number of clients served, transportation issues, meals served in the Center, volunteer hours at the Center, growth of programming in the past year, as well as the new programs and activities slated for the Year 2004. She also noted the on-site residency each Friday of social worker, Sarah George, in effort to assist seniors. Ms. Flury thanked Councilmembers Lizee and Turgeon for participating on the Friends of the Southshore Senior Community Center Board in the past year. Mayor Love, on behalf of the Council, thanked Ms. Flury for her presentation and efforts put forth for all ages. B. Appointment of Representative to the Library Committee - Report by Peggy Bauer Director Nielsen introduced Peggy Bauer, Librarian for the Excelsior Branch of the Hennepin County Library System. Ms. Bauer then introduced City of Excelsior Mayor Lynn Johnson; teen volunteer with . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 2004 Page 3 of7 the Library Committee, Stephanie Potter; and Jerry and Sue Brecke of the Excelsior Library Friends Board. Ms. Bauer then reviewed historic and current data and fact sheets related to usage issues at the Excelsior Library. She went on to explain presentations were being made to each of the five City Councils in the South Lake Minnetonka area in effort to gather support and representation on the Library Committee that would be involved in the expansion and construction process for the library. She stated the library was desperately in need of additional space up to 10,000 square feet. Plans were being determined as to the best way for the expansion and/or new construction to take place in Excelsior. Ms. Bauer thanked the City for its efforts in the past to support the library. Councilmember Lizee stated she had recently been involved on the Roles and Services Committee for the Excelsior Library, and was amazed at the statistics associated with the historic growth and future need for the library. She stated 10,000 square feet was needed to house the library, and she believed Excelsior remained the logical spot for the library in the future. She also offered to be act as the representative for the City on the Library Committee as she had enjoyed working with this group in the past. Councilmember Turgeon questioned the rationale or formula for determination of future size of the library. She noted there were wants and needs associated with any project and it was important to differentiate between the two. She went on to state she liked the idea of all five cities working cooperatively on this project, but wanted the representative to be a communication link, serving as liaison, rather than a voice of the entire Council. Ms. Bauer stated a formula had been utilized previously and would be part of the planning process used by the Library Committee to determine actual space needs. Mayor Love stated he appreciated Councilmember Lizee's interest in representing the City in this matter, and, without objection of Council, also appointed Councilmember Turgeon as alternate. Mayor Johnson, of Excelsior, thanked Council for being willing to participate in the planning process for the library expansion. She encouraged any interested parties to make note of the public meetings published on this topic and be present for participation in the process. She also thanked Ms. Bauer for sharing part of the communal history with the Council, and stated she looked forward to participating in the planning process in the near future. 6. PUBLIC HEARING None. 7. PARKS A. Report on Park Commission Meeting Held February 10, 2004 Park Commission Chair Arnst reported on the February 10, 2004, Park Commission Meeting (as detailed in the minutes of that meeting). B. Music in the Parks Chair Arnst stated the Park Commission, at the February 10, 2004, Park Commission meeting, had discussed the possibility of establishing dates for a series of events called "Music in the Park." She went CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 2004 Page 4 of7 . on to explain Music in the Park could be facilitated at Freeman Park using the covered pavilion area of Eddy Station. She stated local musicians, with support from Shorewood businesses, could provide a venue of entertainment for area residents on three Fridays - June 11, July 9, and August 13 - during the sunnner months of 2004. She stated further discussions would take place at future Park Connnission meetings, and additional information shared with Council at a later time. 8. PLANNING Planning Connnission Chair Bailey reported on matters considered and actions taken at the February 17, 2004, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Minor Subdivision/Combination Applicant: D.R. Verdoorn (Rep. By Sharratt Design & Co.) Location: 28210 and 28220 Woodside Road This item was removed from the Agenda for the evening at the request of the applicant. In response to Councilmember Lizee's question, Director Nielsen explained the applicant wished to consider all options available and would return to Council for further consideration at the March 8, 2004, Regular City Council Meeting. Lizee moved, Turgeon seconded, Continuing a Request for Minor Subdivision/Combination for D.R. Verdoorn (Rep. by Sharratt Design &Co.), 28210 and 28220 Woodside Road, to the March 8, 2004, Regular City Council Meeting Agenda. Motion passed 4/0. . B. Declaring Adequacy of Petition for Local Improvement on Timber Lane Director Nielsen explained Engineer Brown had prepared a memorandum and proposed resolution for Council detailing the request by residents through petition for extension of municipal water service to Timber Lane. Director Nielsen also stated he had requested this item be removed from the Consent Agenda this evening as he had received a letter earlier in the day from a City resident noting she did not sign the petition as indicated in the proposed resolution for Council consideration this evening. He entered a letter into record from Marge Yaeger, 5445 Timber Lane, regarding this issue. Director Nielsen stated the petition would still qualify for consideration by Council as seven of the nine affected property owners did sign the petition requesting extension of City water service to residents on Timber Lane. He also stated he would provide a written response to Ms. Yaeger on this matter. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 04-017, "A Resolution Declaring the Adequacy of a Petition for the Extension of Municipal Water Service on Timber Lane." Councilmember Garfunkel clarified the next step in the process to include preparation of a feasibility report. He also noted those property owners not signing the petition would not be assessed any cost for preparation of the feasibility report. . Without objection from the seconder of the motion, the maker of the motion amended the wording on the Resolution to include changing the language on the fourth "Whereas" of the Resolution to read "duly executed by the owners of at least 67% of real property" and under "Now, Therefore Be It Resolved" changing "100%" to "owners of at least 67% of the real properties." Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 2004 Page 5 of7 . 9. GENERAL/NEW BUSINESS A. Request by Mr. Vanderlinde regarding 5550-5560 Shorewood Lane and Public Safety Building Director Nielsen stated Mr. Vanderlinde had appeared at the January 12, 2004, Regular City Council Meeting voicing concern over the excess dirt placed on the north side of the Public Safety Facility Building site at 24140 Smithtown Road. After Council consideration, Staff was directed to review drainage for the site and insure the construction of the site portion of the project-met standards regarding grading and contract change orders. ill the absence of Engineer Brown, Director Nielsen stated WSB and Associates had commissioned the task, and a survey had been prepared denoting the slopes on site. Engineer Brown had prepared a highly detailed contour map as a result of information demonstrated in the survey. Mr. Vanderlinde had met with Engineer Brown and the survey crew for documentation of the north and east slopes to determine the grade of the slope and the amount of material in excess from the original grading plan. Findings indicated WSB had surveyed the site and determined the slopes meet a criterion of 3:1 slope, thus meeting the City's standards for construction. It was noted a 3:1 slope was accepted without exception, and a 2:1 slope was accepted where a landscape architect certified the slope was adequately stabilized. WSB had also calculated the difference in the dirt originally proposed and what was built. It was determined 8050 additional cubic yards of soil was placed on the north slope of the site. Findings also indicated drainage from the site was adequately handled by a swale to the north. Further landscaping was expected to continue next spring with additional trees be planted on the slope behind the Vanderlinde property. . Mr. Vanderlinde, owner of the property at 5550-5560 Shorewood Lane, stated that due to personal time constraints, he had been unable to view the report prepared on this topic. He stated he believed it verified his suspicions on fill material left on site and the entire site did not meet City standards. Mayor Love stated he respected Mr. Vanderlinde's thoughts on this subject, and he had heard there was additional material discussed as part of the report; however, there were no findings heard to indicate the site did not meet City standards. In response to Mr. Vanderlinde's question, Director Nielsen stated the decision to allow the soil to remain on site was based on findings of unsuitable soil as part of the excavation taking place during construction. This unsuitable soil had been replaced with good soil as part of the change order process for construction. Director Nielsen noted the decision regarding this issue was made as a change order to the contract and was subject to approval by the governing boards of the South Lake Minnetonka Police Department and Excelsior Fire District, with Shorewood EDA facilitation. He went on to explain change orders such as this one, when cost of opportunity was an issue, were routinely made in the field, without pause for further public response. Mr. Vanderlinde requested this matter be placed on the March 8, 2004, Regular City Council Meeting Agenda for further review and consideration after he could obtain the report and discuss findings with City Staff. Council agreed. . . . . CITY COUNCu., REGULAR MEETING MINUTES FEBRUARY 23, 2004 Page 6 of7 B. Appointments to the Shorewood Parks Foundation Board of Directors Director Nielsen stated the bylaws of the Shorewood Parks Foundation provide the Board of Directors nominated candidates to serve on the Board and the City Council should affirm these appointments. Councilmember Turgeon questioned the need for this process, as well as whether changes should be made to the bylaws to support a liaison position rather than a seat on the Board to be affirmed by Council. Councilmembers Garfunkel and Lizee questioned the necessity of the change to the bylaws, as the process seemed to be working currently. Mayor Love stated the current procedure was one way to formalize a working relationship between parties involved in the Shorewood Parks Foundation. Turgeon moved, Lizee seconded, Approving the Nomination of Don Kelly to serve as a director on the Board of Directors for the Shorewood Parks Foundation through February 28,2007. Motion passed 4/0. C. Fire Code Ordinance Director Nielsen explained the State of Minnesota had promulgated a new fire code, adopting by reference the International Fire Code to replace the previously used Uniform Fire Code. He noted a proposed ordinance would adopt this new Code for the City of Shorewood. Garfunkel moved, Lizee seconded, Adopting ORDINANCE NO. 401, "An Ordinance Amending Chapter 508 of the Shorewood City Code Relating to Adoption of the Minnesota State Fire Code." Motion passed 4/0. 10. ENGINEERINGIPUBLIC WORKS None. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Director Nielsen stated there was nothing to report on this matter at this time. 2. Public Safety Facilities Mayor Love stated a Public Grand Opening would take place for the new Public Safety Facilities once both stations were completed. B. Mayor & City Council . . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 2004 Page 7 of7 Mayor Love stated he had received a letter from South Lake Minnetonka Police Department Chief Litsey praising Public Works Director/City Engineer Brown, Brad Mason, and the entire Public Works Department for efforts to keep the West Side Public Safety Facility clear of snow during the recent winter snowstorms. 12. ADJOURN Lizee moved, Garfunkel seconded, Adjourning the Regular City Council Meeting of February 23, 2004, at 8:25 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor