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121100 CC Reg Min . . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 11, 2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00P.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, and Stover; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Councilmember Zerby B. Review Agenda Mayor Love reviewed the Agenda. Director Nielsen requested Item 7B be removed from the Agenda and postponed to the January 8, 2000, Regular City Council Meeting at the request of the applicant. Councilmember Zerby arrived at 7:02 P.M. Garfunkel moved, Stover seconded, approved the Agenda as amended. Motion passed 5/0. C. Special Report by Lake Minnetonka Conservation District (LMCD) Representative Tom Skramstad on LMCD Water Patrol Funding. Mr. Tom Skramstad, LMCD Representative, provided a brief review of this issue for Council. He noted Greg Nybeck, Executive Director of the LMCD, and Doug Babcock, LMCD Board member and Chair, were in attendance should Council have any further questions as related to this issue. Mr. Babcock addressed Council reiterating the need for additional funding for two full-time licensed water patrol officers for the 2001 boating season on Lake Minnetonka. He noted the request for these officers ultimately came from the community when a Task Force was formed in an effort to provide better public safety in the past two years. As a result of the Task Force discussions, safety lanes were designated for Big Island for better navigation of all water craft in that area. Also, the community requested an increased Water Patrol presence on the Lake overall. He explained the Water Patrol was funded through the Hennepin County Board whose purpose was to address the need to provide basic safety levels. This request for additional officers was intended to supplement those levels to provide a better level of safety. Currently, the Water Patrol employed six full- time licensed officers and thirty to forty special deputies-all of which are volunteers required to provide a minimum of three hundred hours of service per year. He noted the use of these volunteers to be very cost efficient for the County. In spite of this volunteerism, a need for funding for additional officers still existed. In response to Mayor Love's question, Mr. Babcock further explained the funding formula proposed for the additional officers. The Hennepin County Board of Directors would match 50% of the funding . . . CITY COUNCIL REGULAR MEETING MINUTES - December 11, 2000 Page 2 of 10 contributed by member cities and the Save the Lake fund from the LMCD. Member cities' contributions were hoped to be approximately 30% and the Save the Lake fund made of private contributions was hoped to provide the additional 20% needed to secure 100% funding of these officers. He stated the LMCD budget had been certified for the Year 2001; thus, the request to other groups for help in the funding of these officers. He anticipated examining long term funding solutions for future budget years. Mr. Babcock stated eleven of the fourteen member cities were needed to secure these special appropriations. Currently, nine of the cities were in support, four were against, and Shorewood was undecided as the City had asked for additional information from the LMCD related to this need. He also noted presentations were being given at the four cities indicating no support for this matter in the event of reconsideration. Councilmember Garfunkel restated his request from previous discussions regarding the numerical data showing the need for these additional officers. Mr. Babcock provided an analogy related to the use of officers being shared between other cities. He also explained recent court decisions which no longer allowed special deputies to do investigative work beyond what could be directly observed during a citizen's arrest. He noted these officers could detain a suspect if there was probable cause to make an arrest, but a licensed officer would then have to be called to further determine the outcome of the situation. Thus, because special deputies did not quite have the full scope of duties allowed to a licensed officer, more licensed officers were needed. Councilmember Garfunkel questioned whether the full funding of this issue should not be met by Hennepin County as the Water Patrol was their responsibility. Mr. Babcock reiterated Hennepin County had a responsibility to provide a basic level of service to secure public safety, and that was being done. However, this was a request for a level of service beyond the basic. Councilmember Garfunkel asked if a licensed officer could be determined by observation. Mr. Babcock responded it would not be possible to easily distinguish a licensed officer from a special deputy by initial observation. Mr. Babcock went on to explain the Water Patrol had suffered a recent reduction in volunteers, and morale was low due to the court decision. He again stated this request was not driven by any numerical data, rather, it had been prompted as a result of discussions with community members. Mayor Love stated he was convinced through his own experience on the Lake recently that there was a decrease in the boating culture and a lack of basic understanding of boating rules and regulations. However, it seemed to be a funding request of a voluntary nature, and he believed it should be applied as a general levy increase to all member cities. He noted the destinations locations for boaters on the Lake make this a lake with unique needs from other lakes in Hennepin County, and all member cities should be levied across the board to meet this funding need. Mr. Babcock stated he would like to have seen that occur for the 2001 budget which had already been certified. He then encouraged the member cities to re-examine this issue and to make the supplemental intent known. Councilmember Stover commented it seemed as though this funding would help a subset of people versus helping all City residents. Councilmember Zerby stated he was a believer in user fees. He noted the Lake community paid a higher rate of taxes which he believed should cover the cost of funding issues such as this one. Mayor Love asked Mr. Babcock the amount needed as a contribution from the City of Shorewood toward the thirty percent to be contributed by all member cities. Mr. Babcock responded this amount was approximately $3600. Mayor Love stated a conclusion could certainly be drawn that this was a problem . . . CITY COUNCIL REGULAR MEETING MINUTES - December 11, 2000 Page 3 of 10 for the Lake, however, he was not sure a "band-aid solution" was best for the 2001 season. He stated he would like to see permanent funding solutions for the 2002 budget. Also, he would have stronger support for this issue if it could have more permanent funding solutions and commitment of all member cities. He also noted the County had shown a great spirit of cooperation in working with other agencies to try to resolve this matter. Councilmember Garfunkel stated he would support this issue if need could be demonstrated through data and also Hennepin County must perceive a need if fifty percent funding had been issued, so perhaps reconsideration of a funding solution was needed by the Board. Mayor Love and Council thanked Mr. Babcock and Mr. Skramstad for their time and efforts in this matter this evening, noting they would be anxious and willing to examine potential ideas for long-term funding for the 2002 budget. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes of November 20, 2000 Garfunkel moved, Lizee seconded, approving the City Council Work Session Meeting Minutes of November 20, 2000, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes of November 27,2000 Lizee moved, Zerby seconded, approving the City Council Regular Meeting Minutes of November 27,2000, as presented. Motion passed 5/0. C. City Council Executive Session Minutes of November 27, 2000 Lizee moved, Stover seconded, approving the City Council Executive Session Minutes of November 27, 2000, as presented. Motion passed 5/0. D. City Council Special Meeting Minutes of December 4, 2000 Lizee moved, Stover seconded, approving the City Council Special Meeting Minutes of December 4, 2000, as amended on Page 3, Item 4B, Paragraph 1, Sentence 2, change "thinking of expansion, and" to "thinking of expansion of parking spaces, and.;." Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, approving the Motions contained on the Consent Agenda and adopting the Resolutions Therein: A. A Motion Approving an Agreement for Animal Impound Services for the Year 2001 B. A Motion Adopting RESOLUTION NO. 00-113-2, "A Motion to Adopt a Resolution Approving Year 2001 Refuse Hauler Licenses." C. A Motion Adopting RESOLUTION NO. 00-114, "A Resolution Approving Year 2001 Tree Trimmer Licenses." CITY COUNCIL REGULAR MEETING MINUTES - December 11, 2000 Page 4 of 10 . D. A Motion Authorizing the Acting City Administrator to Enter Into an Agreement for Rink Attendant and Warming House Supervision Services for the 2000-2001 Ice Skating Season E. A Motion Authorizing the Acting City Administrator to Enter Into an Agreement for Cleaning Services at Shorewood City Hall and Public Works Facilities F. A Motion Authorizing an Agreement for Maintenance of Sewer and Water with Munitech for 2001-2002 G. A Motion Adopting RESOLUTION NO. 00-115, "A Resolution Approving an Amendment to the Shorewood Comprehensive Plan - Land Use Plan." H. A Motion Authorizing the Mayor and Acting City Administrator to Enter into an Agreement for Recycling Collection. I. A Motion Adopting RESOLUTION NO. 00-116, "A Resolution in Support of Restrictions on the Use and Sale of Phosphorous Lawn Fertilizers." J. A Motion Adopting RESOLUTION NO. 00-117, "A Resolution Approving a Lot Line Rearrangement for David Shenehon, 5285 and 5305 Shady Island Road." . K. A Motion Adopting RESOLUTION NO. 00-118, "A Resolution Authorizing the Mayor and City Administrator to Extend the EPDB Conditional Use License Agreement with Hennepin County." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor this evening. 5. PUBLIC HEARING - Mt. Olivet Rolling Acres Proposed Bond Issue and Joint Powers Agreement Mayor Love opened the Public Hearing at 7:40 P.M. Finance Director Burton reported the City of Victoria was the issuer of a number of revenue bonds to make improvements to the Mt. Olivet property in Shorewood. She also discussed the Joint Powers Agreement and the authority to issue bonds. Mr. Dick HeIde, of Dorsey and Whitney, stated he was Bond Council representative, and provided a brief summary of the issue as well. Attorney Keane commented the City would be without liability, and there were no issues from the City needing resolution pertaining to this matter. . Mayor Love closed the Public Hearing at 7:43 P.M. CITY COUNCIL REGULAR MEETING MINUTES - December 11, 2000 Page 5 of 10 . Lizee moved, Stover seconded, Adopting RESOLUTION NO. 00-119, "A Resolution Giving Host Approval to the Issuance of Revenue Bonds and Authorizing Execution of a Joint Powers Agreement (Mount Olivet Rolling Acres, Inc. Project}." Motion passed 5/0. 6. PARKS A. Report on Park Commission Meeting Held November 28, 2000 As there was not a Park Commission member available to provide a report, Engineer Brown reported on matters considered and actions taken at the November 28, 2000, Park Commission Meeting (as detailed in the minutes of that meeting). 7. PLANNING A. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit Applicant: Our Savior's Lutheran Church Location: 23290 State Highway 7 . Director Nielsen provided history related to this request, noting there were a number of issues requiring resolution related to the proposed plan for this site. He referenced six conditions related to a revised landscaping plan, construction and striping of the parking areas, access to the future addition for construction vehicles and equipment, a right-turn lane being required in front of the site, plans being reviewed by the Fire Marshal, and grading, drainage, and erosion control and utility issues to be addressed by the City Engineer. Director Nielsen also reported the Planning Commission in approving this request, had added two additional conditions of screening rooftop mechanicals and a redesign of the sidewalk to the bus loading area. Engineer Brown stated a report had been prepared by City consultants, WSB and Associates, showing a need for resolution of eighteen items. He believed most could easily be resolved through the permitting process, however, there were eight from this report for inclusion in the requested motion. They were items numbered 4, 10-13, and 16-18. They were regarding issues of drainage, a discrepancy in the drainage plan, a tree reforestation plan, proposed elevations for retaining walls to be completed by a registered professional engineer, feasibility of bus loading-specifically providing a safe path for the youth to the bus loading area, future plans for accommodation of a frontage road to the site, and hydrology calculations to be reviewed by a number of governmental agencies. Mayor Love reviewed these issues with Martin Wade, vice-president of the congregation for Our Savior's Lutheran, who was in attendance. Mr. Wade noted he did not believe it would be a problem to revise the plans and work with the requests of the City. Mayor Love noted there seemed to be quite a significant number of issues yet to be resolved. Councilmember Lizee stated she was still quite concerned for the traffic circulation pattern of the buses. She stated she would like to see that pattern redesigned to be closer to the building. Mr. Wade responded the architects would review this issue as the church and school wanted the best safety measures in place for the children as well. . Lizee moved, Stover seconded, returning this request to the Planning Commission for reconfiguration of the loading area for buses, and also amending the Resolution for Findings of Fact for review at the January 8, 2001, Regular City Council Meeting to include the recommendations from the January 2, 2001, Planning Commission Meeting. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES - December 11, 2000 Page 6 of 10 . B. A Motion to Direct Staff to Prepare a Findings of Fact Regarding a Setback Variance Applicant: James Russell Location: 26080 Birch Bluff Road Director Nielsen explained this matter had been postponed to the January 8, 2001, Regular City Council Meeting at the request of the applicant. C. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet of Area Applicant: Scott Young and Vicki Callahan Location: 26865 Edgewood Road Director Nielsen provided background related to this request, noting that it met the four requirements of the Zoning Code. He also noted there had been an error pertaining to the survey of the property, and the sewer easement had been eliminated in correction. Furthermore, the applicant had submitted an estimate for the cost of the work, and a letter of credit would be required as part of the permitting process to ensure the work would be completed within one year from the issuance of the building permit. Garfunkel moved, Lizee seconded, Adopting RESOLUTION NO. 00-120, "A Resolution Granting Conditional Use Permit for Additional Accessory Space in Excess of 1200 Square Feet for Scott Young and Vicki Callahan, 26865 Edgewood Road." Motion passed 5/0. . D. A Motion to Adopt a Resolution Approving a Commercial Site Plan Director Nielsen provided background on this matter, noting there was currently a non-conforming pole barn on the site onto which Mr. Blair Bury would like to build an expansion. The motor vehicle and recreational equipment sales use of the building was compliant with the Zoning Code for that area. Also, with regard to parking on site, it was recommended that pavement be reduced in front of the new addition in favor of some additional landscaping, and the existing driveway should be "necked down" before it reached the paved Smithtown Road or an easement could be granted to the City for the southerly fifteen feet of the property to be used for pedestrian traffic or utilities. Engineer Brown stated he had recommendations for this project as well. Specifically, he noted a flammable waste separator should be installed in the garage as part of this project. Furthermore, erosion control measures should be utilized along the perimeter of the northern half of the property. Mr. Blair Bury, owner of the property and residing at 28160 Boulder Bridge Drive, stated he had three concerns with these recommendations. First, he had reservations about installing a mansard style roof around the entire building. He believed there had been a misunderstanding in the proposal as he had planned to include this style roofing on the front of the building only. He believed there would be problems with snow coming off the roof improperly should this style roofing be utilized continuously around the building. Also, he had a concern regarding the landscaping as he noted there was a six foot fence enclosing the property. He was not certain the landscaping could be seen by anyone other than a few apartments behind the property and a view from the front of the building where landscaping was already being used. In addition, he requested a change in the proposed completion date stating it would be beneficial to him if he were able to have a completion date one year after the building permit was issued as he was not sure of the availability of the necessary contractors for this building and grounds. . CITY COUNCIL REGULAR MEETING MINUTES - December 11, 2000 Page 7 of 10 . Discussion ensued regarding the potential verbiage regarding resolutions of these recommended areas of concern. Stover moved, Lizee seconded continuing this matter to January 8, 2001, in an effort to allow the City Planner to resolve the last three items with the applicant. Motion passed 5/0. E. Ratification of Terms of Approval - Shorewood Yacht Club As had happened in the past, Mayor Love recused himself from his position and turned the gavel over to Councilmember Stover for action in this matter. Director Nielsen stated this would be more of a report than an action item at this time. He explained the applicant's difficulties in obtaining financing necessary for the legal combination of parcels to occur on site. He stated the applicant was willing to place a deed restriction on the land related to these parcels which granted the City a bit more control over the site. He noted all requests by the applicant were being held until the deed restriction was recorded properly. Stover moved, Garfunkel seconded, amending two actions-Ordinance No. 368 and the approval of the Conditional Use Permit and Variance-taken at the November 27, 2000, City Council Meeting, subject to the deed restriction being approved by the City Attorney. Councilmember Zerby noted all information pertaining to this matter did not list the operation of the Yacht Club as a marina. Director Nielsen responded all information did, however, consistently refer to it as a Yacht Club. . Motion passed 4/0. Acting Mayor Stover returned the gavel to Mayor Love for action on the remainder of the Agenda. 8. FINANCE A. Consideration of a Motion to Adopt a Resolution Approving the 2001 Budgets and Approving the 2000 Property Tax Levy Collectible in 2001 Finance Director Burton reported on the following Resolutions noting the General Fund budget was in the amount of $3,127,790. Stover moved, Lizee seconded, Adopting RESOLUTION NO. 00-121, "A Resolution Approving the 2001 Budgets and Approving the 2000 Property Tax Levy Collectible in 2001." Motion passed 5/0. B. Consideration of a Motion to Adopt a Resolution Establishing the 2001 Pay Scale and City Insurance Contribution Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 00-122, "A Resolution Establishing the 2001 Pay Scale and City Insurance Contribution." Motion passed 5/0. C. Consideration of a Motion to Adopt a Resolution Authorizing the Transfer of Funds . Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 00-123, "A Resolution Authorizing the Transfer of Funds." Motion passed 5/0. . . . CITY COUNCIL REGULAR MEETING MINUTES - December 11, 2000 Page 8 of 10 D. Consideration of a Motion to Adopt a Resolution Amending the 2000 General Fund Budget Garfunkel moved, Stover seconded, Adopting RESOLUTION NO. 00-124, "A Resolution Amending the 2000 General Fund Budget." Motion passed 5/0. E. Consideration of a Motion regarding Compensation for the Acting City Administrator Compensation Stover moved, Compensating the Acting City Administrator at least half of the salary of the job completed in the past year. Motion failed for lack of a second. Lizee moved, Stover seconded, Approving a Motion regarding Compensation for the Acting City Administrator Compensation. Motion passed 5/0. 9. GENERAL There was nothing further to report in this area. 10. ENGINEERING/PUBLIC WORKS A. A Motion to Adopt a Resolution Approving Change Order for Eddy Station Engineer Brown explained the need for this request stating he had been working with approximately ten thousand dollars as part of a contingency fund with Council's knowledge regarding changes to Eddy Station. He noted changes had exceeded the construction bid by 3.48%. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 00-125, "A Resolution Approving Change Order #1 for Eddy Station. Motion passed 5/0. B. A Motion to Adopt a Resolution Authorizing the Mayor and City Administrator to Enter Into an Agreement with C & L Communications for Placement of Fiber Optic Cable within the Public right-of-way Engineer Brown explained an extensive project was occurring in the area as part of the Minnetonka School District's effort to enjoin all schools by fiber optic cable. He noted this issue was complex because the City would like to work with the School District in a team approach to making this project happen although a much larger issue would be what prevented other entities from requesting this in the future. He noted this discussion would be difficult in thinking about the future as there were many ramifications to be dealt with, such as right to denial by the City. Engineer Brown also reported C & L Communications would be responsible for operation and maintenance of the system, and the School District would be the sole user of this network with no other users being admitted. He also noted there would be aerial and underground installation throughout Shorewood. It was his understanding that along Smithtown Road to Minnewashta School, aerial installation would occur. Both aerial and underground installation would be necessary along County Road 19, and on County Road 19 from Hilltop to Galpin Lake, aerial installation would occur. The eastern portion of Shorewood would be installed using both aerial and underground installation methods. He further noted all areas torn up for . . . CITY COUNCIL REGULAR MEETING MINUTES - December 11, 2000 Page 9 of 10 installation were to be restored. Directional boring was being utilized and as a result, residents needed to be aware manual location of utilities would be necessary. In response to Councilmember Garfunkel's question, Engineer Brown responded there would be no significant traffic interruptions for installation procedures other than the trucks on the side of the road needed for examination of potential installation sites. Furthermore, Engineer Brown stated the City would bear no ownership in determining right-of-way issues along Smithtown Road. The contractors were responsible for verification in that area. Garfunkel moved, Stover seconded, Adopting RESOLUTION NO. 00-126, "A Resolution Authorizing the Mayor and City Administrator to Enter Into an Agreement with C & L Communications for Placement of Fiber Optic Cable within the Public right-of-way." Motion passed 5/0. 11. REPORTS A. Administrator & Staff 1. Gideon Glen Director Nielsen stated there was nothing further to report on this matter at this time. 2. Skate Park Engineer Brown reported letters had been sent to equipment vendors asking for proposals for potential use in the Park. 3. Eddy Station Engineer Brown explained the interior painting of restrooms, heating, sheetrock, and electrical work was nearing completion. He targeted December 15,2000, as a substantial completion date for this project. 4. County Road 19 Intersection Engineer Brown stated the Tonka Bay Liquor Committee was not available to meet until after the first of January, 2001. Mayor Love stated he believed it imperative to try to keep this project on track as one of the highest priorities for the City so that public safety would be served. B. Mayor & City Council 1. Excelsior Fire District Mayor Love stated a Fire Board Meeting would be held on December 14, 2000, with an offer hopefully , being made at that meeting to the first Fire Chief of this district. In other business, Mayor Love reported he had attended the Minnesota Association of Watershed Districts (MA WD) Annual Meeting on December 2, 2000. At that meeting the use of Shorewood's resolution relating to restrictions on the use of phosphorus fertilizer was discussed as being of potential use to the MA WD for distribution throughout the state. Mayor Love asked for Council consensus regarding this use, and Council agreed upon its use. . . . CITY COUNCIL REGULAR MEETING MINUTES - December 11, 2000 Page 10 of 10 Mayor Love also noted this to be Councilmember Stover's final City Council Meeting. She had faithfully served the City for eighteen years as a Councilmember, and seven previous years as a Planning Commission member. She was thanked, congratulated, and told she would be missed by many. Councilmember Stover stated she had enjoyed her work with the Council and Planning Commission in the past twenty-five years, and she had also enjoyed working with all people involved in these aspects of City government. 12. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Zerby moved, Lizee seconded, adjourning the December 11, 2000, Regular City Council Meeting, subject to the approval of claims at 9:25 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor --