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091100 CC Reg Min ~ . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 11, 2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Stover, Garfunkel, Lizee and Zerby; Attomey Keane; Finance Director Burton; Director Nielsen; and City Engineer Brown B. Review Agenda Mayor Love reviewed the agenda. Engineer Brown requested that items #8A and B be removed from the agenda. Lizee moved, Stover seconded, approving the agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes August 28, 2000 (Att.-#2A Minutes) Garfunkel moved, Zerby seconded to approve the Minutes as submitted. Motion passed 5/0. 3. CONSENT AGENDA Lizee moved, Zerby seconded, approving the Motions Contained in the Consent Agenda and Adopting the Resolutions Therein. A. A Motion Adopting RESOLUTION NO. 00-084, "A Resolution Approving a Setback Variance for Greg Swirtz, 6090 Ridge Road." B. A Motion Adopting RESOLUTION NO. 00-085, "A Resolution Approving a Setback Variance for Len Twetan, 26399 Smithtown Road." C. A Motion Adopting ORDINANCE NO. 367, "An Ordinance Rezoning Property from R-2A to R-C for Dave Mueller of Control House Investments, 23975 State Highway 7." . . . REGULAR CITY COUNCIL MEETING MINUTES - September 11, 2000 Page 2 of5 D. A Motion Adopting RESOLUTION NO. 00-086, "Approving Concept and Development Stage Plans for Manitou Woods for Roger Anderson, 5580 Manitou Lane." E. A Motion Adopting RESOLUTION NO. 00-087, "Making an Appointment to the Land Conservation and Environment Committee. " F. A Motion Adopting RESOLUTION NO. 00-088, "Opposing the Concept of Allowing Wine to be Sold For Off-Premise Consumption at any Outlet Other than the Municipal Liquor Store." G. A Motion Approving the Permanent Appointment of Patricia Fasching as Receptionist/Secretary . Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were none. 5. PARKS Chair Arnst gave a report on the August 5, 2000, Parks Commission meeting. She explained that, at her request, Director Nielsen had submitted a plan to administer the "SOCK User Fee." A notice would be sent out to Sports Organizations requiring them to submit their fee, with their rosters and proof of insurance. No sports organizations were in attendance at the meeting; the Park Commission approved the plan. Arnst went on to discuss the Smithtown Trail progress. Since the latest feedback received from residents was split 50/50 whether to proceed, staff will be evaluating where to go next. Two residents did show up for the Park meeting in support of the project and asked for time to generate interest within their neighborhood. Arnst then mentioned that a new RFP draft was being put together to send out the first of the year to potential concessionaires for Freeman Park. 6. PLANNING Commissioner Woodruff reported on matters considered and actions taken at the September 5, 2000, Planning Commission Meeting (as detailed in the minutes of that meeting). The first matter considered was a conditional use permit and variance for South Tanka Baseball to build benches and dugouts; the second was a conditional use permit request for home occupation; the third, a conditional use permit for fill in excess of l800 cubic yards; and finally, a conditional use permit and variance for Len Twetan's addition and deck exchange. As it was 7: lO p.m., Mayor Love requested they move on to item #7C for discussion before the scheduled public hearing. Director Burton reviewed the Truth and Taxation hearing dates as submitted for approval. . . . . REGULAR CITY COUNCIL MEETING MINUTES - September 11, 2000 Page 3 of 5 7. GENERAL C. A Motion Adopting RESOLUTION NO. 00-089, "Setting the Date for the Truth and Taxation Hearing." Lizee moved, Zerby seconded, approving to adopt the date for the Truth and Taxation Hearing as presented. Motion passed 5/0. 6. A. 7:15 PUBLIC HEARING - VACATE DRAINAGE AND UTILITY EASEMENT Applicant: Control House Investments Location: 23075 State Highway 7 Mayor Love called the Public Hearing to order at 7: 15 p.m. to discuss a motion to adopt a resolution vacating a drainage and utility easement. Director Nielsen explained, based on an earlier passage of Ordinance 367, this property has been rezoned from R-2A to R-C. Prior to this, the property was legally combined into one parcel and no longer in need of the 20-foot drainage and utility easement running down the previous lot line between the two. It is recommended that the easement, not even currently being used, be vacated. Mayor Love closed the Public Hearing at 7: 19 p.m. as there was no one present wishing to address this issue before the Council. Garfunkel moved, Stover seconded to Adopt a RESOLUTION NO. 00-090, "Vacating a Drainage and Utility Easement for Control House Investments, 23075 State Highway 7." Motion passed 6/0. 7. GENERAL A. Annual Report by Land Conservation and Environment Committee (LCEC) Representative Frederic Bruno Commissioner Woodruff requested they return to this item upon the arrival of Commissioner Bruno. A report on this matter can be found after item #9A-1. B. Presentation of the Proposed 2001 Budget Director Burton presented the Proposed 2001 Budget. Burton pointed out that the 12% increase in the City's proposed tax levy to $2,208,574 should be offset by an increase in the tax base as well. Components making up this increase include a slight decrease in revenues, building permit revenues are expected to decrease, accompanied by a slight increase in our expenditures. Contributing factors to this growth include: increases for the Fire and Police Departments; a Long Term Disability Benefit Program for Employees; Computer Equipment upgrades, photocopier purchase; Planned increases in transfers to certain funds; and an LCEC budget request. REGULAR CITY COUNCIL MEETING MINUTES - September 11, 2000 Page4of5 . Lizee moved, Zerby seconded to approve the RESOLUTION NO. 00-091, "Approving the Proposed 2001 Budget as presented." Motion passed 5/0. C. Addressed prior to the Public Hearing, item #6A. D. A Motion Directing the City Attorney to Work with the Minnehaha Creek Watershed District (MCWD) on a Funding Agreement for Acquisition of the Gideon Glen Property Director Nielsen reported that he and the Mayor presented to the MCWD the previous week. Nielsen complimented the Mayor on his eloquent presentation, after which, the MCWD agreed to contribute up to $200,000 towards the purchase ofthe City's Gideon Glen project. Nielsen explained that they are now looking for the Council to authorize and direct the City Attorney to work with the MCWD Attorney to prepare an Agreement of how that funding should take place. Mayor Love noted that although the MCWD Board of Managers unanimously approved a motion for funding, it was still unclear of how that would take place. After Commissioners Zerby and Lizee commended the Mayor and Nielsen for the exciting progress they had made, Mayor Love cautioned and urged quick action on this initiative. Mayor Love noted that he understood a sign had recently gone up and that this property was actively for sale. With this in mind, it was the Mayors hope that this partnership with MCWD will facilitate other funding opportunities. Lizee motioned, seconded by Zerby, Directing the City Attorney to Work with the Minnehaha Creek Watershed District on a Funding Agreement for Acquisition of the Gideon Glen Property. Motion passed 5/0. . Lizee inquired whether other grant possibilities existed. Mayor Love replied that, while acquiring the property is the first step, other resources would be tapped thereafter. Zerby pointed out the historic significance of the area, while Mayor Love noted the unique and natural canopy it possesses. 8. ENGINEERING/PUBLIC WORKS Removed from the agenda this evening. 7. GENERAL A. LCEC . From section #7 A, the Report from the Land Conservation and Environment Committee (LCEC). Commissioner W oodruffreviewed the numerous projects the LCEC is working on: first, the non- phosphorous lawn fertilizer ordinance; second, the compo sting position they have taken encouraging the public to utilize the bins; next, the open house which took place earlier this year with representatives from the DNR, master gardeners etc.; and finally, the Open Space plan which will require the LCEC hire a consultant to study and evaluate the undeveloped sites within Shorewood. Mayor Love then passed along the fact that the non-phosphorous lawn fertilizer . . . REGULAR CITY COUNCIL MEETING MINUTES. September 11, 2000 Page 5 of 5 question was discussed at his meeting with the MCWD. In attendance at that meeting was Jeff Lee, of the Minneapolis Park Board, who had just returned from a meeting that day with the Minnesota Department of Agriculture, who are going to be sponsoring a legislative initiative to promote a metro ban on phosphorous fertilizer sales. Commissioner Bruno arrived at 7:32 p.m. and reiterated the need for the LCEC to hire a consultant to head the Open Space Study. Bruno stated that although many talented individuals make up the LCEC and have there own specialized areas, they recognize the need for assistance with the daunting Open Space project. With that, Mayor Love relayed to Bruno that he had been approved this evening to be the new liaison to the LCEC. Lizee moved, Stover seconded the Approval of the report provided by the LCEC. Motion passed 5/0. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Planning Commissioner Woodruff reiterated the Commission's desire to have the property remain natural. She relayed that there may be a greater probability of getting additional grants due to this newfound partnership and commitment between the City and MCWD. Nielsen reported that they will be in contact with the owner and begin negotiations for the purchase of that site. Mayor Love questioned whether that would require a motion from the Council to approve the Attorney, staff or Councilmember to begin preliminary discussion with the owner. Zerby moved, Stover seconded, authorizing the Mayor, City Attorney and City Administrator to act on the City's behalf to further negotiations with the owner of that property. Motion passed 5/0. 2. Skate Park Nielsen reported that a donation of $250 was received today from the proceeds of the booth set up at Excelsior's Apple Days Festival last weekend. Mayor Love, who spent time in the booth, commented how impressed he was with the young people who worked and visited the booth. He explained how many of the youth put on demonstrations, while still others made donations. He felt their presence and representation was wonderful. Thanks to Leipold's, who donated the booth space, they were able to keep all the proceeds from the fundraiser. 3. Eddy Station . . . REGULAR CITY COUNCIL MEETING MINUTES - September 11, 2000 Page 6 of5 Engineer Brown reported that electrical contractors are beginning some of the base electrical work. Then once the concrete slab is in place they will wait for the arrival of the block. 4. Status Report of Legal Cases and Estimates for Legal Work Nielsen reported that this item will be moved to the next meeting. The status report and estimates for legal work are still under investigation. B. Mayor & City Council Mayor Love, having already reported on the Gideon Glen development, had no further issues to discuss. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Zerby moved, Lizee seconded, adjourning the Regular City Council Meeting of September 11,2000, to Executive Session, subject to the approval of claims at 7:47 p.m. Motion passed 5/0. RESPECTFULLYSUBNUTTED. Kristi Anderson Recording Secretary Woody Love, Mayor