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042301 CC Reg Min . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 23, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:04 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee Turgeon, and Zerby; Administrator Dawson; Attorney Susag, representing City Atty. Keane of Larkin, Hoffman, Daly, and Lindgren, Attys. At Law Absent: Engineer Brown; Finance Director Burton; and Planning Director Nielsen B. Review Agenda Mayor Love reviewed the Agenda for this evening. Administrator Dawson reminded Council an Executive Session to discuss litigation regarding Eller Media would take place immediately prior to adjournment of this meeting. Garfunkel moved, Zerby seconded, approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes April 9, 2001 Turgeon moved, Zerby seconded, approving the City Council Regular Meeting Minutes for April 9, 2001, as presented. Motion passed 4/0/1, with Lizee abstaining due to her absence at that meeting. B. City Council Work Session Meeting Minutes April 9, 2001 Garfunkel moved, Turgeon seconded, approving the City Council Work Session Meeting Minutes for April 9, 2001, as presented. Motion passed 4/0/1, with Lizee abstaining due to her absence at that meeting. 3. CONSENT AGENDA Garfunkel moved, Lizee seconded, approving the Motions contained on the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Approving the Verified Claims List B. A Motion Adopting RESOLUTION NO. 01-023, "A Resolution Approving a Tree Trimmers License." Motion passed 5/0. . . . REGULAR CITY COUNCIL MEETING MINUTES APRIL 23, 2001 Page 2 of 5 4. MATTERS FROM THE FLOOR Joe Lugowski, 24710 Glen Road, expressed concern regarding drain tiling in his area. Specifically, he was concerned that when the tiling plugged in its effort to direct runoff to the Glen Road area, he had water in his home. He referenced a study completed by the City in the late 1980's noting the tile was inadequate to handle the amounts of water running through that area. His neighbors, the Brandons of 24735 Glen Road, were also in attendance and expressed similar concerns for the amount of water in their backyard. Mayor Love stated another study would be conducted in the next year that could show some possible solutions to alleviate some of the water in that area. He also noted when the study was done in the late 1980' s; neighbors in that area were opposed to connecting into the Glen Road system of runoff. He stated this matter would be referred to Engineer Brown for further handling. Administrator Dawson explained, in response to Mr. Lugowski's question, City policy typically assumes private the responsibility in matters such as this one. Councilmember Zerby stated he had toured the area and did not notice a way for the standing water to escape. Councilmember Turgeon also noted Mr. Lugowski would have a difficult time accessing the tiled area which was on his neighbor's property. Mayor Love stated he knew there was a general water problem in that area and if possible, the situation would be remedied when the Gideon Glen restoration project was put into place. However, he also noted there was not any proposed ponding in any plans for that area at this point in time. He also emphasized the City would be looking comprehensively at water issues in that area, and a status report regarding issues and policies would be available in approximately five weeks. Administrator Dawson complimented the City Public Works Department crews for their efforts over the weekend and earlier in the day in dealing with the unusually high water levels in the area. He noted the City had received the equivalent of approximately a foot of rain over the past three to four weeks, making runoff extremely difficult to handle. 5. PARKS - Report by Representative A. Report on Park Commission Meeting Held April 10, 2001 Commissioner Young reported on matters considered and actions taken at the April 10, 2001, Park Commission Meeting (as detailed in the minutes of that meeting). He noted a great deal of concern remained for the issues of dog waste in the public areas of the City, such as on trails and in the parks. After some discussion, it was the consensus of the Council that they would like to continue looking for ways for people to continue to share these public spaces with dogs. While Council continued to urge people to clean up appropriately and consistently after their pets, there was also consensus for the idea of seeking law enforcement services if this problem continued in the City. 6. PLANNING. Report by Representative Commissioner Pisula reported on matters considered and actions taken at the April 17, 2001, Planning Commission Meeting (as detailed in the minutes of that meeting). He also thanked Director Nielsen and . . . REGULAR CITY COUNCIL MEETING MINUTES APRIL 23, 2001 Page 3 of 5 Administrator Dawson for their efforts in assembling the training sessions for Commissions and Council last week. Mayor Love also thanked all City staff and participants in making the training sessions valuable for everyone. A. A Motion to Direct Staff to Prepare a Resolution Regarding an Appeal to the Zoning Administrator's Interpretation of the Zoning Code Appellant: James Russell Location: 26080 Birch Bluff Road Turgeon moved, Zerby seconded, continuing this matter until the June 11, 2001, Regular City Council Meeting. Motion passed 5/0. 7. GENERAL A. A Motion to Approve Appointments to the Park Foundation's Board of Directors President Ken Dallman of the Park Foundation, presented Council with the list of nominees to the Park Foundation's Board of Directors. Mayor Love thanked the Park Foundation for its efforts in reducing the size of the Board of Directors. He also thanked President Dallman for the hard work in redirection of the mission of this group. Councilmember Turgeon expressed concern for the high levels of absenteeism in the past on this Board, noting some of the members that had been absent were being nominated as Board of Directors. She questioned whether these people that had previously been frequently absent had strongly committed to attending the Board of Director's meetings. Councilmember Lizee also expressed similar concerns in this matter. President Dallman stated he could not answer that question for another person, but noted Directors could now be removed for absenteeism. Garfunkel moved, Zerby seconded, approving Appointments to the Park Foundation's Board of Directors. Motion passed 3/2, with Turgeon and Lizee dissenting. B. A Motion Making Appointments to the Planning Commission Turgeon moved, Lizee seconded, Making Appointments of Deborah Borkon to a term ending January, 2003, and Kathe White, to a term ending January, 2004, with the Planning Commission. Mayor Love suggested Mr. Gerald Brokaw be invited to participate in the Community Visioning Process. Motion passed 5/0. 8. ENGINEERINGIPUBLIC WORKS A. A Motion Authorizing Expenditure of Funds for Engineering Services American Engineering and Testing for Edgewood Road Culvert Replacement REGULAR CITY COUNCIL MEETING MINUTES APRIL 23, 2001 Page 4 of 5 . Lizee moved, Zerby seconded, Authorizing Expenditure of Funds for Engineering Services for Edgewood Road Culvert Replacement per staff recommendations. Motion passed 5/0. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson noted Mr. Dan Dickel was continuing to make progress on a conceptual plan for this area. More information would be available as soon as possible. 2. Skate Park Administrator Dawson reported bituminous overlay was being prepared for the Park and a meeting was taking place in the next week to suggest a name for the Skate Park. 3. Eddy Station Administrator Dawson stated there was nothing new to report on this matter at this time. 4. County Road 19 Intersection . Administrator Dawson reported a meeting was scheduled for April 27, 2001 with Hennepin County to ensure this project is still on schedule. 5. Public Safety Facilities Administrator Dawson explained the South Lake Minnetonka Police Department Coordinating Committee had approved monies to be used for concept plans to identify space for the possibility of a Public Safety campus in the area. More discussion was needed regarding the anticipated needs and plans for such a campus. He also noted the next phase would include analysis of possible sites for this campus. B. Mayor & City Council There was nothing further to report at this time. 10. RECESS TO EXECUTIVE SESSION Lizee moved, Zerby seconded, recessing the meeting to Executive Session. Motion passed 5/0. The Executive Session commenced at 7:58 p.m. City Attorney Susug and Special Counsel George Hoff provided an update regarding the litigation involving Eller Media. Garfunkel moved, Zerby seconded, adjourning the Executive Session of April 23, 2001, at 8:35 P.M. Motion passed 5/0. Lizee moved, Garfunkel seconded, reconvening the Regular City Council Meeting at 8:35 P.M. . Motion passed 5/0. . . . .~ REGULAR CITY COUNCIL MEETING MINUTES APRIL 23, 2001 Page 5 of 5 11. ADJOURN Garfunkel moved, Zerby seconded, adjourning the, Regular City Council Meeting of April 23, 2001 at 8:35 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor