061499 CC Reg MinCITY OF SHOREWOOD CITY COUNCIL CHAMBERS
CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD
MONDAY, JUNE 14,1999 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, Stover, Lizee and Zerby; City Engineer
Brown, Finance Director Rolek, and City Attorney Keane.
B. Review Agenda
Garfunkel moved, Stover seconded to accept the agenda as amended: Add Item 14A - Appoint
an Acting City Administrator. Motion passed 510.
C. Acknowledgment of Boy Scout Participation in Spring Clean-up
is with
Love expressed appreciation for the members of Boy Scout Troop 424 for their participation
with Spring Clean-up.
Engineer Brown also commended the excellent job done by the participants.
Boy Scouts in attendance were: Brad Clark, Peter Luesse, Cory Ness, and Adam Taylor.
D. Introduction of Amy Klobuchar, Hennepin County Attorney
Mayor Love introduced Amy Klobuchar of the Hennepin County Attorney's Office.
Ms. Klobuchar introduced Mr. John Marche, the liaison to the Shorewood Police Department. Ms.
Klobuchar also summarized the system of the Hennepin County Attorney's Office and priorities set
for prosecuting crimes in Hennepin County.
Mayor Love stated he is very impressed with the communication from the Hennepin County
Attorney's Office to the City of Shorewood and expressed appreciation for this communication.
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CITY COUNCIL REGULAR MEETING MINUTES
JUNE 14, 1999 - PAGE 2
• 2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes - May 24, 1999
Lizee moved, Stover seconded to approve the City Council Regular Meeting Minutes of May
24, 1999 as amended: Page 1, Item 2A: "...Motion passed 4/1 (Zerby opposed . Page 8, Item
#11: Correct spelling: "Swandby". Page 9, Paragraph 5: Strike second sentence beginning
with "Also, the DNR grant..." Replace with the following: "The DNR Grant was not selected
to be funded. Only one third of applications were granted by the DNR, most of these were for
larger parcels." Motion passed 5/0.
B. City Council Work Session Minutes - May 24,1999
Garfunkel moved, Stover seconded to approve the City Council Work Session Minutes of May
24, 1999 as amended: Page 3: Strike last sentence, beginning with "Councilmember Stover
added..." Motion passed 5/0.
C. City Council Executive Session Minutes - May 24, 1999
Zerby moved, Garfunkel seconded to approve the City Council Executive Session Minutes of
May 24, 1999 as presented. Motion passed 5/0.
3. CONSENT AGENDA
Garfunkel moved, Stover seconded approving the Motions contained on the Consent Agenda as
presented, and Adopting the Resolutions therein:
A. A Motion to Approve an Agreement with Lake Restoration, Inc. For 1999
Inspection Program of Christmas Lake
B. A Motion Adopting RESOLUTION NO. 99-037, "A Resolution Approving a
Conditional Use Permit and Variance for a Substandard Lot in the Shoreland
District."
Applicant: Scott Olson
Location: 21235 Radisson Road
C. A Motion Adopting RESOLUTION NO. 99-038 "A Resolution Requesting a
Variance From State Aid Office for Lake Linden Drive."
Motion passed 510.
4. MATTERS FROM THE FLOOR
There were none at this time.
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CITY COUNCIL REGULAR MEETING MINUTES
JUNE 14, 1999 - PAGE 3
• 5. PARKS - Report by Representative
A. Report on Park Commission Park Tours and Meeting Held May 25,1999
B. Report on a Recommendation to Close Roadway Through Freeman Park
C. Report on Park Commission Park Tours and Meeting Held June 8, 1999
Commissioner Arnst reported on the above meetings as reported in the respective minutes.
6. PLANNING - Report by Representative
Commissioner Skramstad reported on the Planning Commission meeting of June 1, 1999 as reported
in the minutes.
7. LAND CONSERVATION/ENVIRONMENT COMMITTEE
A. Presentation of Plaques to Former Mayor & Councilmembers
Mayor Love expressed appreciation and presented plaques to Former Mayor Tom Dahlberg and
Former Councilmember Jerry O'Neill, thanking them for their help in the establishment of a Land
Conservation/Environment Committee. Mayor Love also expressed appreciation to Former
Councilmember Roger Champa, who was unable to attend.
• B. Consideration of a Motion to Adopt an Ordinance
e Establishing a Land
Conservation / Environment Committee and a Resolution Establishing Policies
Engineer Brown stated that he had received notes from some residents interested in what the specific
goals will be of the Land Conservation / Environment Committee.
Councilmember Zerby stated that along the same lines, some residents have expressed concern that
this Conunittee will end up being very strong anti -development.
Mayor Love suggested keeping these concerns in mind and using them to base the yearly review of
the Committee on. Mayor Love also assured those present that the Committee will not have any
permitting authority, which is indicated by its being a Committee rather than a Commission.
Councilmember Stover questioned the language in Subd. 7 of the Ordinance, asking what the
difference is between "voting members" and regular members. Also, in Subd. 10 there is a reference
to "appointed members." Councilmember Stover was under the impression that all members would
be appointed, and would be voting members.
Mayor Love answered that "voting members" and "appointed members" are simply terms.
Councilmember Stover is correct in assuming all members will be appointed, and will be voting
members. It was agreed to change Subd. 10 as follows: "Quorum: A majority of the appointed
Committee members shall constitute a quorum."
Councilmember Stover pointed out more changes, as follows, which were agreed to by consensus:
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CITY COUNCIL REGULAR MEETING MINUTES
JUNE 14,1999 - PAGE 4
Resolution, Item 31): "Recommending revisions to goals and objectives to achieve open space
preservation."
Resolution, Item 2: "...prioritizing parcels to be preserved. The process needs..."
Councilmember Stover also expressed concern regarding the first point of the Resolution, in stating
that a goal is to "Carry out a process..." Stover felt that this wording is too vague.
Mayor Love and Councilmember Garfunkel both stated they believe that process needs to be vague
at this time, as it is one of the goals of the Committee to develop this process.
Councilmember Garfunkel questioned which document was the binding document, as there are some
inconsistencies between the Ordinance and the Resolution.
Attorney Keane answered that the Ordinance has the force of law. The Resolution is more of a
proclamation.
Garfunkel moved, Zerby seconded a motion to adopt ORDINANCE NO. 352 "An Ordinance
Establishing a Land Conservation Environment Committee," as amended. Motion passed 510.
Lizee moved, Garfunkel seconded a motion to adopt RESOLUTION NO. 99-039, "A
Resolution Approving Publication of Ordinance no. 352 by Title and Summary." Motion
passed 510.
Lizee moved, Garfunkel seconded a motion to adopt RESOLUTION NO. 99-040 "A
Resolution Establishing Policies for a Land Conservation / Environment Committee," as
amended. Motion passed 510.
8. EXCELSIOR FIRE DEPARTMENT REVIEW COMMITTEE REPORT
A. Report on Fire Department Review Committee Meetings Held May 25,1999 and
June 8, 1999
Mayor Love reported on the Fire Department Review Committee meetings held on May 25, 1999
and June 8, 1999. An additional 6 months is needed for the Fire Department Review Committee to
complete the established goals. The age of the equipment and buildings, as well as the number of
volunteer fire fighters has to be addressed, and the number of false alarms, are some of the issues
that have had some discussion, but no resolution as yet. Mayor Love reported that approximately
25% of fire calls are false alarms, and the possibility of instituting a fee for these false alarms, when
certain addresses are repeat offenders, is one of the issues that needs to be put before the City
Councils involved.
Councilmember Stover stated that in the past, two false alarms were allowed before a fine, and asked
for clarification of why the fine will be instituted on the second false alarm with the new policy.
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 14,1999 - PAGE 5
Mayor Love cited the number of false alarms, stating that some addresses have been known to have
as many as seven or more in a week. Also, the Fire Department does have the ability to determine if
these alarms are truly accidental, or have extenuating circumstances and are not likely to be a
pattern. In these cases, the fee may be waived if they see fit.
B. Consideration of a Motion Accepting the Final Report of the Excelsior Fire
Department Review Committee
Stover moved, Garfunkel seconded a motion accepting the Final Report of the Excelsior Fire
Department Review Committee. Motion passed 510.
C. Consideration of a Motion to Adopt a Resolution Extending the Term of the
Excelsior Fire Department Review Committee
Councilmember Zerby questioned if there would be any additional consulting charges for extending
the Committee.
Mayor Love responded that there likely would be, as there are still many questions about the
building that may need consultants, and other issues may also need to be addressed. Some of the
expenses may be covered by the Fire Department budget but other expenses would be brought to the
cities.
Garfunkel moved, Lizee seconded a motion to adopt RESOLUTION NO. 99-041, "A
40 Resolution Extending the Term of the Excelsior Fire Department Review Committee." Motion
passed 510.
D. Consideration of a Motion to Adopt an Ordinance and Summary Ordinance
Amending Alarm Policy and Fees Related
Stover moved, Garfunkel seconded a motion to adopt ORDINANCE NO. 354 and
RESOLUTION NO. 353, "An Ordinance Amending Alarm Policy and Fees Related and a
Resolution Approving Publication of Ordinance No. 353 by Title and Summary." Motion
passed 510.
9. CONSIDERATION OF A MOTION TO AUTHORIZE THE MAYOR AND CITY
CLERK TO ENTER INTO A LEASE AGREEMENT WITH THE WATERFORD
HOMEOWNER'S ASSOCIATION
Attorney Keane explained the changes to the lease agreement, stating that the substance of the lease
has not significantly changed.
Mr. Jim Burdell, President of the Waterford Homeowner's Association, pointed out that the
document received from Planning Director Nielsen was different than the document received in the
mail at a later date, and asked for clarification of the discrepancy.
Attorney Keane answered that the sentence in question was taken out at the request of Planning
Director Nielsen.
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 14,1999 PAGE 6
• Mr. Burdell then stated, that being the case, he had no objections to the change.
Stover moved, Garfunkel seconded a motion to authorize the Mayor and City Clerk to enter
into a Lease Agreement with the Waterford Homeowner's Association. Motion passed 510.
10. CONSIDERATION OF A MOTION APPROVING A SIGN PERMIT FOR THE
WATERFORD HOMEOWNER'S ASSOCIATION
Garfunkel moved, Zerby seconded a motion approving a Sign Permit for the Waterford
Homeowner's Association. Motion passed 510.
11. CONSIDERATION OF A MOTION TO ADOPT AN AMENDMENT TO
ORDINANCE NO. 350 WHICH ESTABLISHED A MORATORIUM REGARDING
THE DEVELOPMENT OF ELDERLY HOUSING PROJECTS
Mr. Bob Gagne, 24850 Amlee Road, questioned whether the Shorewood Ponds development is
affected by this motion.
Attorney Keane stated that Shorewood Ponds is not affected by this motion.
Mr. Gagne asked, if Shorewood Ponds project were to fall apart, could it be redone with this
• moratorium in place.
Mayor Love stated that the moratorium is not indefinite, it will end September 30, 1999.
Councilmember Stover stated emphatically that she would like this to be the last extension of this
moratorium, and the Planning Commission should perhaps treat this subject as a priority to complete
by the September 30, 1999 deadline.
Councilmember Garfunkel stated that the Comprehensive Plan has been their priority thus far, and
that is one reason more time has been needed on this subject.
Councilmember Lizee stated she will remind the Planning Commission of the priority of this subject
at the next meeting.
12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING AN
APPOINTMENT TO THE PARK COMMISSION
Mayor Love stated three very good candidates were interviewed for the position, and expressed hope
that each and every one will continue with their involvement in the City.
Stover moved, Lizee seconded a motion to adopt RESOLUTION NO. 99-043, "A Resolution
Appointing Paula Berndt to the Park Commission." Motion passed 510.
13. ADMINISTRATOR AND STAFF REPORTS
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 14, 1999 - PAGE 7
• A. Engineer's Report on Settlement Agreement with Ryan Contracting, Inc.
Engineer Brown reported that the Court settlement hearing was held on June 4, 1999. The
settlement seems to be the best compromise possible, and Brown expressed satisfaction in having
this settlement done and over with.
B. Engineer's Report on Appeal to District Court Regarding Sale of Topographical
Mapping
Engineer Brown reported that Mr. Ron Johnson had filed a suit and Conciliation Court had ruled in
favor of the City of Shorewood. Mr. Johnson has now decided to appeal to District Court.
Attorney Keane stated that this is not about dollars, but is about sport to Mr. Johnson; a nuisance
litigation.
Councilmember Garfunkel asked if the City could collect legal fees from Mr. Johnson if District
Court finds in favor of the City also.
Attorney Keane stated that the City can always ask, but this is not a likely outcome.
C. Engineer's Report on Spring Cleanup and Recommendation for Next Year
Engineer Brown reported on the Spring Cleanup, specifically the pick up company used this year.
BFI was not available to provide the service and the new company, Waste Technology, missed some
streets. Also, some residents complained about paying for the service, "scavengers" looking through
the curbside piles of debris, and other problems. He commented that curb side pickup may not be
the best way to go about Spring Cleanup in the future.
Councilmember Lizee stated that she does not think "scavengers" of the curbside piles are
necessarily a problem. Many items are recycled within the neighborhood, and if someone can find a
use for something, this recycling is a good thing and there is less garbage that way. Lizee strongly
supported the curbside pickup.
Mayor Love and Councilmember Stover also expressed support for the curbside pickup, even if there
are some problems that need to be worked out.
Councilmember Zerby commended Engineer Brown for expediting the Park Commission's
recommendations for improvements to parks.
14. MAYOR & CITY COUNCIL REPORTS
A. A Motion to Appoint an Acting City Administrator
Stover moved, Lizee seconded a motion to appoint Planning Director Brad Nielsen as Acting
City Administrator. Motion passed 510.
• B. Report on Housing Meeting Held May 20,1999
CITY; COUNCIL REGULAR MEETING MINUTES
JUNE 14,1999 - PAGE 8
Councilmember Lizee reported on the Housing meeting held on May 20, 1999 where nearly all
affected communities were represented. The need is great throughout the communities, and
affordable housing in the lake region is an issue many community members showed interest in.
Mayor Love pointed out that some of the communities are better equipped to deal with this issue,
and agreed that coordinating with the neighboring communities is the best way to go. From the Fire
Department point of view, only two of the five communities have volunteers due to the inability to
find housing for the average volunteer firefighter.
Councilmember Stover asked if the City Council would be meeting with Tom Allen in the
foreseeable future.
Councilmember Lizee answered that she would discuss a July date with Mr. Allen.
15. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS
Lizee moved, Zerby seconded to adjourn at 8:40 p.m. subject to approval of claims. Motion
passed 510.
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