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062893 CC Reg Min . I . j " .Vo . CITY OF SHOREWOOD REGUlAR CITY COUNcn.. MEETING MONDAY, JUNE 28, 1993 COUNcn.. CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. . MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Acting Mayor Stover pro tern at 7:00 p.m. A PLEDGE OF AllEGIANCE B. ROIL CAlL Present: Councilmembers Benson, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, and Planning Director Nielsen. Absent: Mayor Brancel and Councilmember Daugherty. c. REVIEW AGENDA Benson moved, Lewis seconded to approve the amended agenda for June 28, 1993, with removal of Item C. from the Consent Agenda; addition of Item 8.D.; and cancellation of the . Work Session with the Planning Commission following the meeting. Motion passed 3/0. 2. APPROVAL OF MINUTES A. Regular City Council Meeting - June 14, 1993 Lewis moved, Benson seconded to approve the minutes of the City Council meeting of June 14, 1993. Motion passed 3/0. 3. CONSENT AGENDA Acting Mayor Stover read the Consent Agenda for June 28, 1993: Lewis moved, Benson s.econded to approve the Consent Agenda and to adopt the Resolutions and Motions therein: A Motion to Approve Ten Naab to the Position of Deputy Clerk/Executive Secretary. . B. RESOLUTION NO. 58-93 "A Resolution Granting Preliminary Plat Approval 1 . . . REGULAR CITY COUNCIL MINUTES JUNE 28, 1993 - PAGE 2 B. RESOLUTION NO. 58-93 "A Resolution Granting Preliminary Plat Approval for Christmas Lake Ridge." C. Removed D. RESOLUTION NO. 59-93 "A Resolution Accepting Streets, Sanitary Sewer and Storm Sewer in the Plat of Shorewood Suburban Estates." E. Motion to Approve a Right-of-Way Permit for Howard's Point Marina, 5400 Howard's Point Road. Motion passed 3/0. 4. PARK - Report of June 22 Meeting Steve Dzurak, Park Commission Chair, reported on discussions and actions taken by the Commission it's June 22 meeting and answered Councilmembers' questions. The Commission reviewed two bids received for playground equipment for Manor and Freeman Parks and voted to recommend that the Council approve the purchase of playground equipment from Landscape Structures Inc. for an amount not to exceed $20,000 for Manor and $20,000 for the north play area of Freeman, as budgeted. The Commission reviewed a concept outline of a Freeman Park Foundation designed to provide funds for capital improvements and operating expenses for Freeman Park. Bids are being developed for tennis courts and landscaping for Silverwood Park. A. Motion Authorizing the Purchase of Playground Equipment for Freeman and Manor Parks Lewis moved, Benson seconded to authorize the purchase of playground equipment by Landscape Structures Inc. of up to $20,000 for Manor Park; and up to $20,000 for the north side of Freeman Park contingent upon firm written commitments of $7,000 of additional donations for Freeman Park. Motion passed 3/0. B. Presentation of a Concept for the Maintenance and Improvement of Freeman Park Dzurak described the concept of the Freeman Park Foundation. During discussion, the Councilmembers pointed out policy and administrative considerations and generally encouraged the Park Commission to study, research and discuss further all aspects of the Freeman Park Foundation concept. 2 . . . . . REGULAR CITY COUNCIL MINUTES JUNE 28, 1993 - PAGE 3 5. PLANNING Nielsen reported the Planning Commission met in a Work Session on June 8 to complete its review of the Transportation Chapter of the Comprehensive Plan. The Council and staff agreed to re-schedule the joint Work Session to consider the Transportation Plan with the Planning Commission to Monday, July 12, 1993. 6. CONSIDER A RESOLUTION ACCEPTING THE FEASIBILITY REPORT - SEASONS P.U.D. Dresel presented the "Feasibility Report and Cost Estimate for Seasons Elderly Housing Project - Sanitary Sewer, Watermain and Storm Sewer for the City of Shorewood," dated June 1993. He stated the purpose of the report is to outline the feasibility of constructing and extending public utilities to the proposed Seasons Elderly Housing project. Dresel reviewed the details of each specific utility and related cost estimates: extending the southeast area water system; running lateral sanitary sewer to the new units; and replacing/extending the storm sewer system from Highway No. 7 to Old Excelsior Boulevard. The total project cost is estimated at $277,300. Dresel described the current negotiations with MNDOT regarding its participation in the cost of replacing the existing storm sewer located within MNDOT's easement. Because of the uncertainly of MNDOT funding for this portion of the project, Dresel recommended that the Council accept the report with delay of further action until such time that all funding issues are resolved. During discussion, the Council encouraged staff to support the developer's efforts to resolve the funding problems with MNDOT, keeping in mind, however, that the responsibility for resolution lies wholly with the developer of the project. Benson moved, Lewis seconded to adopt RESOLUTION NO. 60-93, IIA Resolution accepting the Feasibility Report and Estimate of Costs-Sanitary Sewer, Watermain and Storm Sewer Improvements-Seasons Elderly Housing Project-City of Shorewood, Minnesota,1I dated June 1993, transmitted with Dresel's June 24, 1993 letter. Motion passed 3/0. 7. DISCUSSION ON POLICY ISSUES - Funding Formula for a 5 Year Contract with the Excelsior Fire Department Stover stated the Council's discussion of a funding proposal for fire protection developed by the Administrators on behalf of the Cities of Deephaven, Shorewood and Tonka Bay in response to Excelsior's formula proposal will provide input for a meeting on June 29 to present the proposal to the City of Excelsior. 3 " . . . ~.j . REGULAR CITY COUNCIL MINUTES JUNE 28, 1993 - PAGE 4 Hurm briefly reviewed the background relating to the Cities' concern over the current funding formula and described the proposed formula. The proposed formula will be based on 50% tax capacity and 50% usage (manhours) and during an interim period, each City would contribute on a flat percentage basis to avoid a significant impact on the respective budgets, reaching full implementation of the new formula after 3 years. During discussion, the Councilmembers supported the proposed formula and agreed that it provides a reasonable and equitable method for funding the fire department. The Council generally encouraged an accelerated phase-in of the formula, agreed to adjustment of the fire department's facilities rental costs to a fair market price, and agreed that special locations be required to pay for their usage (man-hours). 8. LAKE MINNETONKA CONSERVATION DISTRICT - Bob Rascop A. Review of LMCD 1994 Preliminary Draft Budget B. Update - Boulder Bridge C. Intergovernmental Relations Among the 14 Cities Bob Rascop, LMCD member, updated the Council on activities of the LMCD and answered their questions. He reviewed the status of a possible reorganization of the Board and urged the Council to express its views on the matter to legislators. Rascop reviewed the preliminary budget for 1994. Shorewood's administrative levy and contribution for the milfoil program for 1994 is estimated at $16,937. Rascop reviewed the current milfoil program. With regard to the Boulder Bridge application, Rascop reported the matter has been referred back to the water structures committee for reconsideration and review and the existing license has been renewed. Hurm pointed out that the combined administrative levy and milfoil share exceeds the spirit of the levy limit and suggested that the LMCD review the matter. Rascop acknowledged that the milfoil program, which he described as a maintenance program, has perhaps been integrated inappropriately into the LMCD budget and agreed to bring the matter to the Board's attention. D. Deeding of Right-of-Way Nielsen reviewed a recommendation for conveyance of right-of-way in connection with construction of a home at 25350 Mann Lane. The owner/builder wishes to avoid a variance and agreed to dedicate the 10' right-of-way. The effect of this will move the house away from the wetland, make Mann Lane the front of the lot, and allow the City to acquire right-of-way on a substandard street. Lewis moved, Benson seconded to accept the deeding of a 10' right-of-way easement to the City on property at 25350 Mann Lane. Motion passed 3/0. 4 ." -~ .-. .. .' . . . /" REGULAR CITY COUNCIL MINUTES JUNE 28, 1993 - PAGE 5 9. MATTERS FROM THE FLOOR - None. 10. ADMINISTRATOR AND STAFF REPORTS - None. 11. COUNCIL REPORTS Benson requested information on negotiations regarding insurance coverage of a residents' recent damage claim. Keane stated the claim has been re-tendered to the insurance carriers and he will provide a recommendation regarding the matter at the Council's next meeting. 12. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Benson moved, Lewis seconded to adjourn the meeting at 8:55 p.m., subject to the approval of claims. Motion passed 3/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSavers Secretarial Services ATTEST: ~ l~L~.~~.A) KRISTI STOVER, ACTING MAYOR Pro Tem (-I tll ,vJV\QA / ~ ,\\./W'f] S C. HURM, CITY ADMINISTRATOR 5