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100900 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 9, 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 Garfunkel, Lizee, Stover, and Zerby; Attorney Keane; Engineer Brown; and Finance Director Burton Absent: Planning Director Nielsen B. Review Agenda Mayor Love reviewed the Agenda. Engineer Brown requested addition of Item 8B, A Motion to Authorize Expenditure of Funds from the Water Fund. Lizee moved, Zerby seconded, approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of September 25, 2000 Garfunkel moved, Zerby seconded, approving the City Council Regular Meeting Minutes of September 25, 2000, as amended on Page 3, following Paragraph 1, add, "Councilmember Lizee stated she had been in attendance at Park Commission meetings in the past year, and there had been discussion of improvements to the ball fields by South Tonka Little League. It was her belief the dugouts along the property line were not part of that discussion." Following Paragraph 3, add, "Commissioner Arnst referred to a copy of the July, 1999, Park Commission minutes wherein she clarified the Park Commission did not approve the dugout phase of improvements. A motion was passed by the Park Commission supporting Phase 1 and Phase 2 of South Tonka's plans. Arnst said the Park Commission did not approve Phase 3, which included the dugouts on the property line which required a variance." Following Paragraph 6, add, "Mayor Love clearly stated that improvements made to the ball fields are not derived from City funds, but are monies raised by the sports organizations. He emphasized his support for both girls' and boys' sports programs, and referred to a letter recently sent to the City by a middle-school aged female who inquired about girls' football." On Page 4, Paragraph 3, Sentence 3, change "Councilmember Zerby then surmised" to "Councilmember Zerby then summarized". Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Stover seconded, Approving the Motions Contained in the Consent Agenda and Adopting the Resolutions Therein: . REGULAR CITY COUNCIL MEETING MINUTES October 9, 2000 Page 2 of8 A. A Motion Adopting RESOLUTION NO. 00-098, "A Resolution Approving Chapter 257 Establishing a Ward System, Special Laws Enacted in the 1999-2000 Legislative Session, and Authorizing the Certificate of Approval." B. A Motion Adopting RESOLUTION NO. 00-099, "A Resolution Approving a Tree Trimmer's License for Trees by Bjorn." C. A Motion Adopting RESOLUTION NO. 00-100, "A Resolution Approving a Temporary Gambling License - Sons of the American Legion Post 259, 24450 Smithtown Road." D. A Motion Approving a Sign Permit for B&J Automotive E. A Motion Authorizing Final Approval of Resolution No. 00-096, Declaring Public Purpose and to begin Right of Way Condemnation Proceedings F. A Motion Adopting RESOLUTION NO. 101, "A Resolution Approving a Conditional Use Permit for the Construction of Dugout Facilities at Freeman Park." Motion passed 5/0. 4. MATTERS FROM THE FLOOR . There were no matters from the floor presented this evening. . 5. PARKS There had not been a Park Commission meeting since the last Council meeting, thus, there were no matters to be reported at this meeting. 6. PLANNING A. A Motion to Adopt a Resolution Approving a Final Plat for Manitou Woods Engineer Brown, reporting on this matter for Director Nielsen, summarized the history surrounding this plat. He noted the intent to construct two twinhomes on the site. Further, he explained there is to be access to the property through a shared driveway from County Road 19, as well as directional boring to obtain sanitary sewer access. City water is available to this site from the main in that area. He noted there remains unsettled issues regarding grading and drainage for this matter, however, he did not believe them to have a substantial impact on the final plat itself. Roger Anderson, owner of Manitou Woods, was in attendance and addressed the Council. He explained he is in agreement with the staff reports regarding the grading and drainage issues. He is an engineer and believed these matters could be resolved. He also noted he had received the permit from Hennepin County for the shared driveway access off of County Road 19. Councilmember Lizee asked if there were plans for lighting on the site. Mr. Anderson responded there were no plans for formal lighting in the back of the property, but options for lighting would be provided . . . REGULAR CITY COUNCIL MEETING MINUTES October 9, 2000 Page 3 of 8 in the covenants for the twinhome residents. He also noted there was no intention for "common" lighting, such as a streetlight on the property-only the individual lights on the homes. Councilmember Zerby asked if there was a pool on site. Mr. Anderson explained history of the site to have included a pool that had been filled in and would now be removed as part of the project. Mr. Bob Gagne, 24850 Amlee Road, asked the price range for the twinhomes. Mr. Anderson stated final price had not yet been determined, however, he believed them to be approximately $275,000 to $300,000 per home. Lizee move, Stover seconded, Adopting RESOLUTION NO. 102, "A Resolution Approving a Final Plat for Manitou Woods. Motion passed 5/0. Planning Commission Chair Bailey provided Council with a report on the matters considered and actions taken at the October 3, 2000, Planning Commission (as detailed in the minutes of that meeting). 7. GENERAL A. 7:15 p.m. Public Hearing - Consideration of a Motion to Adopt a Resolution Authorizing a Tax Rate Increase for the 2000 Tax Levy, Collectable 2001 Mayor Love called the Public Hearing to order at 7: 18 P.M. Finance Director Burton provided background on this matter, noting it was required due to a law passed by the Minnesota Legislature last year, stating all cities, such as Shorewood, must pass a resolution if the levy for the subsequent year will result in a tax rate increase. She also noted the City may still certify a final levy that results in a constant or decreased tax rate once the resolution is appropriately filed with the County Auditor. Mayor Love closed the Public Hearing at 7:22 P.M. Stover moved, Lizee seconded Adopting RESOLUTION NO. 00-103, "A Resolution Authorizing a Tax Rate Increase for the 2000 Tax Levy, Collectable 2001." Motion passed 5/0. B. Quarterly Report by Lake Minnetonka Conservation District (LMCD) Representative Tom Skramstad Tom Skramstad, LMCD Representative, provided Council with an update on matters reviewed by the Lake Minnetonka Conservation District (LMCD). He explained the need for additional Water Patrol Deputies and the request for financial support from the 14 member cities. Shorewood's proposed amount of support for this matter would be approximately $3,286. He asked Council for the support of the City on this matter. He also noted the LMCD was requesting financial support on a voluntary basis, but would proceed on its own with this matter and try to make a difference with whatever funding could be raised. Mayor Love commented it was his understanding that eight of the fourteen member cities were needed for approval and currently seven were in support. He stated he could support this matter if the requests were a general increase for all cities, but opposed the request if monies were to be raised on an individual city basis. . . . REGULAR CITY COUNCIL MEETING MINUTES October 9, 2000 Page 4 of 8 Councilmember Garfunkel stated he had asked for specific data related to this matter previously, but had seen nothing to be reviewed at this time. He also commented, because this was a matter of need for Hennepin County, this matter should be addressed at that level. Mr. Skramstad stated the LMCD was working with the Sheriff s Department on data such as Councilmember Garfunkel requested, however, it was not yet available. Councilmember Stover asked Mr. Skramstad the number of volunteers working for Water Patrol. He explained there were seven full-time positions with approximately thirty to forty volunteers. He also explained Special Deputies, such as the volunteers on the Water Patrol, were allowed to stop individuals and issue tickets for minor violations only. Mayor Love commented it w.as his belief the full-time officers to be hired would be devoted exclusively to Lake Minnetonka for the May through September months of the year. Mr. Skramstad confirmed this belief. Mayor Love also requested a presentation before the Council in December of this year regarding this matter. Council agreed. Mr. Skramstad went on to provide updates for Council on the matters of Milfoil Management, Zebra Mussels-noting none had been found in Lake Minnetonka so far, Management Plan Projects, On-going Licenses and Permits, issues regarding the Shorewood Yacht Club, as well as a Request for No-Wake Zone. Councilmembers Stover and Lizee stated the request by the Shorewood Yacht Club for a No-Wake Zone established on the South side of Frog Island in Gideon's Bay to be a good one. Both had seen a number of personal watercrafts moving swiftly through this area. Mayor Love also commented he had seen many types of watercraft, including sailboats under power, creating a wake through the area. . Mr. Skramstad noted the Upland Farms development to the west of Shorewood near St. Bonifacius, had plans to dredge 6 Mile Creek, for approximately a half-mile, in an effort to provide new homeowners in that area with a marina and access to Lake Minnetonka. He noted the LMCD had been working with the DNR and the City of Minnetrista regarding this matter. Mayor Love stated his concern regarding this matter. He believed it would be setting a serious precedent for the future if these plans were to be followed. He requested the greatest diligence by the LMCD in monitoring this matter. He thanked Mr. Skramstad for his report and time spent on these matters. C. Presentation by Sally Koenecke, Director, Lake Minnetonka Communications Commission, on Proposed 2001 Budget and Motion Regarding Budget Proposal Sally Koenecke, Director of the Lake Minnetonka Communications Commission (LMCC), reported on matters included in the Proposed 2001 Budget. Of particular interest, was the addition of the City of Loretto to the Commission and the hiring of another full-time staff member for the Commission. She also noted the City of Mound is not a member, but contributed to the funding for the Commission through its payment for use of the studio. Councilmember Stover asked whether the LMCC had any working relationship with Mediacom. Ms. Koenecke explained the LMCC to be the government agency that helped to negotiate contracts with cable companies, such as Mediacom. She also explained the LMCC was available for assistance in REGULAR CITY COUNCIL MEETING MINUTES October 9,2000 Page 5 of 8 . helping people in the area to make sure cable providers lived up to the agreements made with subscribers. Further, she explained Mediacom had been conducting an upgrade in the Shorewood area which was complete. However, there were areas where service was not correct, and Mediacom was working to address those areas. In response to Councilmember Garfunkel's question regarding Mediacom's reputation for service, Ms. Koenecke responded there have been problems with Mediacom, specifically in trying to remedy complaints. She noted the company is trying to take steps to resolve these matters by providing more service representatives at the local, rather than regional level, and providing training to representatives regarding courtesy on the job. Zerby moved, Lizee seconded approving the Lake Minnetonka Communications Commission Proposed 2001 Budget. Motion passed 5/0. D. Discussion on Liquor Operations - Don Swanby Don Swanby, Municipal Liquor Store Manager, appeared before the Council to speak about the Tonka Bay Liquor Store. Mr. Swanby explained the lease ran through December, 2001, and had an opt-out clause requiring a six month notice prior to terminating the lease agreement. Councilmember Garfunkel stated the purpose for these questions were related to the proposed options for dealing with the County Road 19 intersection near the Tonka Bay Liquor Store. He further stated the Council would like to explore various options regarding the intersection and the impact of the removal of the store at that location. . Mr. Swanby responded he believed a liquor store in that location was nice to have since it is so close to a number of municipalities. One option which allowed the City to continue sharing revenue with the City of Tonka Bay would be to move the store to the strip mall directly behind the current location. Other options could include moving the store to a different location in Shorewood. Councilmember Garfunkel requested more details be added to those proposals. Mayor Love stated he appreciated the opportunity to have this discussion. Further, he stated the two municipalities seemed to have a good working relationship regarding the liquor store, and he would like to continue this venture by utilizing the Smithtown Plaza space. He favored the municipal liquor operation as it provided the City with some control as well as income to both cities. However, it was also his belief that when it began to interfere with public safety and welfare, the relationship would need to be terminated. Councilmembers agreed. Mayor Love asked that Mr. Swanby report on this matter as well as Finance Director Burton, to formulate the financial options regarding the liquor store, in addition to pursuing other options should that relationship need to be terminated. Councilmember Zerby questioned the necessary time frame for terminating the current lease agreement with Tonka Bay. Attorney Keane responded the agreement could be terminated at any time with a six month notice prior to December, 2001. Councilmember Zerby referenced a letter received from the Tonka Bay City Administrator which explained that funds designated at the County level for this project will sunset the end of 2000, and need to be re-instituted in Hennepin County's 2002-2006 Capitol Budget if this project was to move forward. Engineer Brown noted a decision needed to be made soon as any prolonging of the need for this money . . . . REGULAR CITY COUNCIL MEETING MINUTES October 9,2000 Page 6 of 8 would put the funding dollars at risk. He stated it was imperative, in his belief, that both Councils come to agreement as soon as possible, so that this funding would not be risked. Councilmember Garfunkel commented, funding aside, the intersection is unsafe. Councilmembers agreed. Engineer Brown also commented that while speeds are low in that area, accidents continued to increase in frequency. Councilmember Lizee asked Engineer Brown to define the MSA funding referenced so often as many residents were concerned how this funding was supplied. Engineer Brown explained MSA funds are funds currently being collected by the State at the gas pumps- not as part of Shorewood's taxes. This State tax is held in account to help handle projects taking place on major roadways, such as County Road 19. The City initially funds the project, and then the State reimburses the City for the project. Each "state-aid" City is allotted a certain percentage based on population and mileage of necessary roadway to be maintained. Shorewood has the ability to utilize approximately $200, 000 annually. Councilmember Garfunkel stated it seemed in reality the situation was either the intersection be upgraded or Shorewood would need to be finding other options regarding the liquor store. Councilmember Stover questioned Engineer Brown on his belief regarding the continuation of funding for this project should alternative 3 not be chosen for this intersection. Engineer Brown responded he thought a continuation of funding to be unlikely for the other alternatives, because the County had shown preference for this alternative, and there were other competing funding requests. Mayor Love complimented Mr. Swanby and staff on efforts at the Tonka Bay Liquor Store noting the increased profitability and cleanliness at the store. 8. ENGINEERINGIPUBLIC WORKS A. Discussion on Trail Maintenance for 2000-2001. Engineer Brown reviewed the standards set for trail maintenance for the 2000-2001 winter season. He noted the trail standard from last year had been to plow up to one-half the trail, however, there had not been the necessary significant snowfalls needed in order to test that standard. He stated this standard could be utilized again, and reports could be made to Council after significant snowfalls this winter. Council agreed. B. A Motion to Authorize Expenditure of Funds from the Water Fund Engineer Brown reported the Southeast area well had control system failure last week. Because of this, the well control system would need replacement. The well remained able to function through a manual system. This required a person to manually operate the well approximately six to eight times daily. He also noted there would be compatibility between well systems within the City with the purchase of a new control system for the Southeast area well. Stover moved, Lizee seconded, Authorizing Expenditure of Funds from the Water Fund. Motion passed 5/0. . . . REGULAR CITY COUNCIL MEETING MINUTES October 9, 2000 Page 7 of 8 9. REPORTS A. Administrator & Staff 1. Gideon Glen Mayor Love provided an overview related to this matter. He noted he had met with Mr. Tom Simms to discuss negotiations for land acquisition within the City. He shared the benefits to Mr. Simms for having the City purchase the property. He noted the City had authorized expenditures in the amount of $175,000 to be matched with MCWD dollars in the amount of $200,000. Mayor Love reported Mr. Simms would accept $450,000. Mayor Love wondered if it would be the desire of the Council to increase the City's amount of the offer to $200,000, noting this would be the final offered amount. Attorney Keane reported he believed the discussions were productive, and Mr. Simms had acted in good faith. He noted the City had been very clear in laying out limitations regarding the offer, as well as providing Mr. Simms with some tax benefits. He encouraged the Council to present a formal offer regarding this matter. He also noted the City had shown a willingness to expedite closing and move this matter forward. Mayor Love commented that the City's appraisal placed this property at approximately $50,000 more than this formal offer. Lizee moved, Stover seconded, Authorizing the Mayor to Forward this Letter of Intent to Mr. Simms. Motion passed 5/0. 2. Skate Park Engineer Brown reported approximately $18,600 had been collected in donations thus far for the Skate Park. He also reported the equipment had been ordered as planned and submitted to the Park Commission for formal approval. In addition, Engineer Brown reported he had filed a formal claim against MNDoT and the contractor regarding the poor restoration of the Skate Park site. MNDot had stated the contractor working to overlay Minnetonka Boulevard would be available for overlay for the Skate Park site, and a reimbursement plan would be worked out in the future for those ~osts. Mayor Love questioned the anticipated construction schedule for the Skate Park. Engineer Brown noted the design stage was planned through December, 2000, and equipment could be placed in May, 2001, once weight restrictions on local roadways were removed. Councilmember Lizee noted it would be nice to recognize the many people, cities, and groups that had donated to the Skate Park, and provide an update in the next City newsletter. Engineer Brown explained, in response to Councilmember Zerby's question, the Park Foundation was responsible for holding donations for that project as well as working with the kids involved to purchase equipment. Mayor Love commented the Park Foundation was a non-profit organization, thus, making donations tax-deductible. . . . REGULAR CITY COUNCIL MEETING MINUTES October 9,2000 Page 8 of 8 3. Eddy Station Engineer Brown happily reported the rafters were being placed and much of the brickwork complete. He also noted the building was progressing on schedule. B. Mayor & City Council Councilmember Lizee asked if sign-in sheets could be placed at the public podium for public hearings, so that when people choose to speak at a meeting, names and addressed could be more easily gathered. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting of October 9, 2000, subject to the approval of claims at 8:35 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary . . . Dated: January 12,2001 CERTIFICATION STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) I, Jean Panchyshyn, duly appointed Deputy Clerk of the City of Shorewood, Hennepin County, Minnesota, do hereby certify that I reviewed the audio tape of the October 9, 2000 Regular City Council Meeting minutes and confirm that the following motion was made in regard to Item 8B, a motion to authorize expenditure of funds from the Water Fund: Stover moved, Lizee seconded, Authorizing Engineer Brown to spend up to $20,000 from the Water Fund. Adopted by the Council of the City of Shorewood in a meeting held on the 9th day of October, 2000. I~ PU4i~ JeaUPanchyshyn Deputy Clerk