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062298 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JUNE 22, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:03 p.m. He announced the Council will convene in Work Session immediately following the regular portion of the meeting. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; Administrator Jim Hurm; City Attorney John Dean; Engineer Larry Brown; Finance Director Al Rolek B. Review Agenda Mayor Dahlberg read the Agenda for June 22, 1998. The agenda was approved as submitted. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - May 26, 1998 O'Neill moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for May 26, 1998, as amended on Page 3, Item D, Paragraph 3, change to read, "... the lot being designed to the house"; Page 7, Motion 2, change "4/2" to "3/2". Motion passed 510. B. City Council Regular Meeting Minutes - June 8, 1998 O'Neill moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for June 8, 1998, as amended on Page 3, Item 7A, Paragraph 2, Sentence 2, change "allegism to elitism"; Page 6, Paragraph 1, Sentence 3, change to read, "... these funds would probably be utilized for storm clean-up." Item No. 15, Sentence 1, change "appointments" to "change" and "main" to "biggest." Motion passed 5/0. C . City Council Executive Session Meeting Minutes - June 8, 1998 Dahlberg moved, Stover seconded approving the City Council Executive Session Meeting Minutes for June 8, 1998 as submitted. Motion passed 5/0. 3. CONSENT AGENDA Champa moved, Stover seconded approving the items on the Consent Agenda and Adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 98-067, "A Resolution Approving a 1998 Tree Trimmer's License" B. A Motion Approving a Block Party Request - July 18, 1998 at 4:00 p.m. C. A Motion Approving the Permanent Appointment of Twila Grout as ParkslPublic Works Secretary .. CITY COUNCIL REGULAR MEETING MINUTES JUNE 22, 1998 - PAGE 2 . Motion passed 5/0. 4. MA TTERS FROM THE FLOOR - None 5 . PARKS - Report by Representative A. Report on June 9, 1998 Park Commission Meeting Chair Puzak reported on the matters considered and actions taken at the June 9, 1998 meeting of the Park Commission (as detailed in the minutes of that meeting). B. Consideration of a Motion Accepting a Revised 1998-2002 Park Capital Improvement Program (CIP) Mayor Dahlberg was in support of accepting the revised budget, noting it is a minimal amount given the types of expenditures which are needed to maintain the parks. Councilmember .0 'Neill noted the CIP Budget will be discussed in the near future and while he is in support of accepting the revised budget, he felt this action should wait until the CIP Budget is reviewed and considered. . Mayor Dahlberg pointed out the Park Commission will need a decision in order to plan for the future. Park Chair Puzak pointed out there are some projects which can be completed if it appears the long term budget will include funds to cover those projects. If those funds will not be available, several projects will be placed on hold and resources utilized for work which is mandatory to be completed. Councilmember Garfunkel asked what type of projects would be delayed. Chair Puzak explained playground equipment for the Minnewashta School, the Magic Square and the sewer lines to the concession stand are items which are currently being considered. Stover moved, Garfunkel seconded accepting a Revised 1998-2002 Park Capital Improvement Program (CIP). Councilmember Champa pointed out Item C, the request for a contribution to the Minnewashta Elementary School for new playground equipment, must be considered at this time as well. Park Chair Puzak stated there is a request for the school, however, if that request is not granted, the funds will be allocated to another use. Councilmember O'Neill noted he will vote against this because he felt further consideration and discussion should be held relative to the Capital Improvement Program Budget prior to granting approval. Administrator Hurm pointed out the Capital Improvement Program is a five year plan and does not appropriate any funds. Mayor Dahlberg clarified approval of this request would simply indicate to the Park Commission they may plan for use of the funds. Vote on Motion: Motion passed 4/1. (Councilmember O'Neill was the dissenting vote.) . c. Consideration of a Request to Contribute Funds to New Playground Equipment at Minnewashta School CITY COUNCIL REGULAR MEETING MINUTES JUNE 22,1998 - PAGE 3 . Mayor Dahlberg questioned to what extent the playground equipment is utilized during the summertime and at times when school is not in session. Park Chair Puzak noted the equipment is frequently utilized given the close proximity of the ball fields. He pointed out frequently the school district and the community share resources and he felt it would be appropriate for the City to contribute funds which would allow the playground equipment to be upgraded. Mayor Dahlberg pointed out the school district has the ability to tax as a means of obtaining funds. Councilmember Champa remarked these are two separate bodies and the school has the ability to tax to cover these costs, therefore, he was not in support of contributing funds to the school. Councilmember Garfunkel commented this site is used similar to a neighborhood park. He was in support of the contribution in that this playground provides an area for neighborhood children to play. In addition, Council member Garfunkel noted that although the school district has the ability to tax, they probably would not. Councilmember Stover did not feel this to be an extremely expensive way to assure the children in the area have a playground to utilize. She pointed out this is being funded through the Park Commission and if this facility were not available as a park, those dollars would have to be provided somewhere else in order to provide a place for children to go in this area. Debbie DeLaVega, Ellen Jordano, Julie Moore, Sheila Johnston and Sara LaBelle, members of the PTO, were in attendance and reported the School Board has made it clear they do not provide . funds for playgrounds. In the past, the PTOs have raised the funds for school playgrounds. Ms. DeLaVega explained other communities such as Tonka Bay, Wayzata and Chanhassen, have been approached and asked for contributions which they have made to their school playgrounds. Ms. LaBelle explained the School District will provide the entire base for the playground equipment if it needs to be upgraded or improved upon. Councilmember O'Neill was sympathetic to Councilmember Champa's argument. Councilmember Champa inquired of the PTO members in attendance whether they have approached the School Board to request a change in this policy and request this become a part of the district's budget. Mayor Dahlberg pointed out by making this contribution rather than referring the matter back to the school district, the Council is exercising local control. . Park Chair Puzak pointed out the plan presented by the PTO has been reviewed and approved by the Park Commission. He further explained the PTO is doing what the City would perhaps have to do in another location if the area children did not have access to this playground. Councilmember Champa expressed concern the School District is turning its back on the children by refusing to address this issue for the safety of the children. Councilmember Stover stated she would rather see the parents in charge of upgrading the playground for the children rather than the administration. Stover moved, Garfunkel seconded approving a contribution of funds for new playground equipment at Minnewashta School. . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 22,1998 - PAGE 4 Councilmember Champa expressed concern the PTO is unable to find support from the School Board relative to this issue. Councilmember O'Neill pointed out the responsibility of the School District is to educate the children rather than build playgrounds. Ms. DeLaVega pointed out the School Board must work many items into their budget and, therefore, playgrounds would not be a high priority. Sheila Johnston pointed out the School District is assisting in this project in that they are taking responsibility for dismantling the existing equipment and providing technical support which comes at a cost of approximately $20,000. Vote on Motion: Motion passed 5/0. Chair Puzak complimented the Council on their debate and resolution of this issue. 6. PLANNING - Report by Representative Councilmember O'Neill reported on the matters considered and actions taken at the June 16, 1998 meeting of the Planning Commission (as detailed in the minutes of that meeting). 7. CONSIDERATION OF A MOTION AUTHORIZING A CONTRIBUTION TO EXCELSIOR CHAMBER OF COMMERCE FOR FOURTH OF JULY FIREWORKS CELEBRATION . Councilmember Stover pointed out this is a contribution for the benefit of the downtown business people and the community. She felt it a worthwhile endeavor, however, she did not feel the Council should make the decision to utilize taxpayer dollars for this event. She felt anyone in support of the fireworks could make a personal contribution to the celebration. Mayor Dahlberg noted his agreement. Councilmember Champa also noted his agreement, however, he acknowledged time is running short and it is difficult to raise funds for this event. He felt given the fact the City has made contributions in the past and this item has been included in the budget, the contribution should be made this year. Councilmember Champa felt this issue should perhaps be discussed in the future. Councilmember Garfunkel commented this contribution has been traditionally made and felt it to be a nice gesture on the part of the City since a number of residents enjoy the fireworks display. O'Neill moved, Garfunkel seconded authorizing a contribution in the amount of $1,000 to the Excelsior Chamber of Commerce for Fourth of July Fireworks Celebration. Motion passed 3/2. (Mayor Dahlberg and Councilmember Stover were the dissenting votes.) Mayor Dahlberg stated he supports the fireworks, however, funds should be raised privately and somewhat more aggressively. 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING THE INFLOW AND INFILTRATION REPORT PREPARED BY WSB Stover moved, Garfunkel seconded adopting RESOLUTION NO. 98-068, "A Resolution Accepting the Inflow and Infiltration Report prepared by WSB." Councilmember O'Neill questioned whether this project will be completed on a piece by piece basis. Engineer Brown reported all of the manholes have been inspected and key areas to begin CITY COUNCIL REGULAR MEETING MINUTES JUNE 22,1998 - PAGE 5 . televising will be identified. Given the proximity of the pipe in the island area to Lake Minnetonka, this has been determined to be a high priority area. Brown felt it would be cost effective to work on a portion of the system each year. It will need to be taken into consideration when working through the budget each year. He pointed out that once a portion of the system has been televised, it will be necessary to make necessary corrections which will require budget expenditures. Councilmember Garfunkel noted there will need to be negotiations with Metropolitan Council to address a reduction in cost for unmetered areas in which inflow and infiltration are effectively reduced. Vote on Motion: Motion passed 5/0. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 1998 SEAL COATING PROJECT Stover moved, Champa seconded adopting RESOLUTION NO. 98-069, "A Resolution Accepting Bids and A warding Contract for 1998 Seal Coating Project." Motion passed 5/0. 10. CONSIDERATION OF MOTION TO ADOPT A RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98-03 - BITUMINOUS OVERLAY Stover moved, Champa seconded adopting RESOLUTION NO. 98-070, "A Resolution Authorizing Advertisement for Bids for Project No. 98-03 - Bituminous Overlay." Motion . passed 5/0. 11. ADMINISTRATOR AND STAFF REPORTS A. Staff Report on Development Monitoring Brown reported the City is attempting to finalize the Marsh Pointe, Watten Ponds and Smithtown Meadows developments. Mayor Dahlberg questioned whether the fencing issues have been resolved on the Watten Ponds site. Brown explained a notice was sent and the developer was responsive, however, since that time, fencing has been knocked down by deer and tree falls. A notice has been sent to the developer requesting this issue be resolved. B. Report on Shoreline Messages Received Hurm reviewed the messages which were received on the Shoreline (as detailed in the memorandum of Connie Bastyr, Communications Technician). . C. Report on Storm Clean-Up Mayor Dahlberg reported he has viewed the Freeman Park drop site. Brown reported this site will remain open until the end of the month. The tub grinder will be returned to the site and wood chips will again be available to residents. Brown estimated total storm clean up costs to be approximately $45,000 to $50,000. He noted use of the Freeman Park site has been greater than originally anticipated. CITY COUNCIL REGULAR MEETING MINUTES JUNE 22,1998 - PAGE 6 . There will also be a fee payable to the City of Mound since the City of Shorewood was allowed to utilize their drop site for materials collected from Shady and Enchanted Islands. D. Establishment of July Work Session Dates The June 29, 1998 Work Session will include review and discussion of proposed adult use regulations, discussion on a telecommunications consultant as well as a discussion of the Policy Survey with Decision Resources. The July 20, 1998 Work Session will tentatively include discussion of home occupation permits as well as continued discussion of the Policy Survey with Decision Resources. 16. MA YOR & CITY COUNCIL REPORTS Mayor Dahlberg reported he has received a telephone call from a resident in the Edgewood area indicating over the years there are regular power outages in this area. He requested staff investigate this matter and report back. Mayor Dahlberg also reported in meeting and speaking with residents relative to the recent storm damage, he believes there to be significant interest in burying NSP lines even though this would come at a cost. He felt there to be aesthetic and possibly technical advantages to burying the cables. 17. ADJOURNMENT Garfunkel moved, Champa seconded adjourning the regular meeting to Work Session at . 8:45 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. .