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052901 CC Reg Min . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDA Y, MAY 29, 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 7:03 P.M. A. Roll Call Present: Mayor Love; Council members Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Lizee moved, Turgeon seconded, approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes May 14,2001 Turgeon moved, Zerby seconded, approving the City Council Work Session Minutes of May 14, 2001, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes May 14,2001 Turgeon moved, Garfunkel seconded, approving the City Council Regular Meeting Minutes of May 14, 2001 as presented. Motion passed 5/0. 3. CONSENT AGENDA Zerby moved, Turgeon 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. 01-030, "A Resolution Authorizing the Mayor and City Administrator to Enter into a Cooperative Agreement with MnDOT for the State Trunk Highway 7/41 Construction Project, City Project 98. 05." Motion passed 5/0. 4. MATTERS FROM THE FLOOR . There were no matters from the floor presented this evening. . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 29, 2001 Page 2of6 5. PRESENTATIONS A. Presentation of the 2000 Comprehensive Annual Financial Report (CAFR) by Steve McDonald, CPA Finance Director Burton welcomed Mr. Steve McDonald, Certified Public Accountant from the City's auditing firm of Abdo, Abdo, Eick and Meyers. Mr. McDonald noted he was present this evening to present the Comprehensive Annual Financial Report to Council and a special award to Finance Director Burton and the City. Mr. McDonald presented a Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association for the Comprehensive Annual Financial Report. He stated this prestigious award was only given to approximately seven out of seventy cities in Minnesota that his firm audits this year. The award was the highest form of recognition in governmental financial reporting and recognized full disclosure, high standards of reporting, and a professional approach to finance. He then presented this award to Finance Director Burton and City staff for a job well done. Next, Mr. McDonald presented the Comprehensive Annual Financial Report to Council. He discussed the summaries, revenues, and expenditures of all City Funds, noting the General Fund Operating Budget was comprised of approximately 2.4 million dollars. Also, he noted there were no corrections to any financial statements and the General and Enterprise Funds were continuing to grow appropriately. Mayor Love thanked Mr. McDonald for his fine report, and Director Burton for the incredible efforts put forth by staff in preparing the report. 6. PARKS Park Quarterly Financial Report Director Burton reviewed the Quarterly Financial Report for the Parks Department. She noted this report was comprised of components of Revenue Sources, the Operations Budget, and the Park Capital Improvement Fund. At the time of preparation of the Quarterly Report, certain organizational user fees were still pending. The Operations Budget was considered a component of the General Fund and comprised of approximately $162,000 for the 2001. Expenditures appeared to be on target for the year. Director Burton explained the Park Capital Improvement Fund, which was responsible for funding major construction projects such as Eddy Station, was currently operating at a deficit due to the extensive construction efforts to build Eddy Station. Revenue sources to repay that fund would be comprised of Park Dedication Fees, General Fund Contributions, Sports Organization Fees, Park Foundation Contributions, and Concession Sales. Due to the unpredictability of the Park Dedication Fees and Park Foundation Contributions, she noted this Fund could become increasingly dependent on the other revenues to retire that debt over time in the Park Capital Improvement Fund Balance. Council member Turgeon questioned the status of payment by the Sports Organizations and consequences for nonpayment. Administrator Dawson explained City policy regarding nonpayment included suspending the use of fields and facilities. He explained, in response to Councilmember Turgeon's question, that the Park Foundation had plans to approach the Park Commission regarding fundraising efforts for pledges toward repayment of the Park Capital Improvement Fund. . . . CITY COUNCIL REGULAR MEETING MINUTES MA Y 29, 2001 Page 3 of 6 Mayor Love commented it was the belief of the Council in the past that user fees would increase, if needed, to offset the balance in that fund rather than increasing General Fund contributions. He also stated it should be realistic of a volunteer organization, such as the Park Foundation, to raise the ten thousand dollars pledged toward the Park Capital Improvement Fund for the year. Mayor Love thanked Director Burton for the First Quarterly Park Financial Report and commented the following two quarters would be crucial. Further, the Park Board should be contacted as soon as possible if there was a need to increase the user fees for next year. Engineer Brown explained, in response to Councilmember Turgeon's question, that vending machines should be present at Eddy Station by the end of the week. Also, he would be attending a meeting with Mr. Tichy and Mr. Lindstrom, of South Tonka Little League, to review plans for an irrigation system. Plans had not yet been received by the City for this system. Director Nielsen explained the "dugouts" erected were substantially under-supported. As such, the contractor was given ten days to remove the structures and rebuild according to plans. If not removed, these structures would then be removed by the City. Also, he noted, a fence permit had not been issued although a fence extension of unclear purpose had been erected. Further, he stated these efforts were disturbing because the proposed plans showed structures and fencing totally different from what had been placed at the park. Mayor Love stated it was imperative that attention be given to specific details found in the approved plans. Further, he noted he had high expectations for residents and it was his perspective that government needed to reach to higher standards than that asked of residents. It was imperative the letter of the law be heeded in this matter, and he applauded Staff's efforts to do so. Councilmember Turgeon stated she was concerned that a group of residents did not believe it had an obligation to heed the plans and processes set forth by City polic:y. She also asked Engineer Brown if the access road between Field 2 and Field 3 had been closed. Turgeon moved, Lizee seconded, erecting barricades placed to impose vehicular traffic on the access road between Field 2 and Field 3 at Freeman Park. Council member Garfunkel questioned whether erecting barricades on this road would cause any problems for the City in terms of planning. Engineer Brown explained this closing was actually part of a larger project to take place at the Park. As part of that process, neighborhood meetings would be held informing those in the area that this access road would be closed. However, since the closing was being considered out of that project context, this action would suffice. Motion passed 5/0. 7. PLANNING Chair Bailey reported on matters considered and actions taken at the May 15,2001, Planning Commission Meeting (as detailed in the minutes of that meeting). A. A Motion to Adopt an Ordinance Amending the Shorewood Zoning Code Relative to Nonconforming Accessory Structures . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 29, 2001 Page 4 of 6 Director Nielsen provided background and historical examples related to the need for the ordinance amendment. He also referenced the numerous discussions of the Planning Commission relative to this matter over the past two years. Mayor Love stated he appreciated the thoughtfulness of the Planning Commission and staff regarding this matter. . Turgeon moved, Zerby seconded, adopting Ordinance No. 371, "An Ordinance Amending the Shorewood Zoning Code Relative to Nonconforming Accessory Structures. Motion passed 5/0. 8. GENERAL A. A Motion Making Appointments to the Gideon Glen Advisory Committee Administrator Dawson explained concept plans were being submitted to the Land Conservation and Environment Committee. As such, the Council had endorsed the idea of an advisory committee including residents of the immediate area of Gideon Glen and other interested parties. A technical committee would supplement the work of the advisory committee, and it was expected the work of the advisory committee would be completed within six months. Turgeon moved, Zerby seconded, Making Appointments to the Gideon Glen Advisory Committee. Motion passed'5/0. 9. ENGINEERINGIPUBLIC WORKS A. Progress Report on Shorewood Ponds Development Water Drainage Issues Engineer Brown reported Councilmembers had received complaints at the May 14,2001, Regular City Council Meeting regarding site conditions for the Shorewood Ponds Development. Site conditions, erosion controls, and storm sewers were not being maintained in accordance to issued permits and project plans. After meeting with residents of the Shorewood Oaks subdivision, the developer of the Shorewood Ponds development, and additional City staff, it was agreed that erosion controls would be brought into compliance, storm sewers on the westerly property boundary would be cleaned, and the ditch along the westerly property boundary would be reestablished. These items were to have been completed by May 18,2001. As of that date, none of the items were completed. In accordance with the Development Agreement for Shorewood Ponds, the developer had until May 31, 2001, to completely install silt fences per the permit issued by the Minnehaha Creek Watershed District and the approved grading, drainage, and erosion control plans; remove all silt and sweep all streets within the subdivision; restore tree protection fencing; and all areas not sodded would need to be top dressed and seeded. Engineer Brown noted some attempts had been made to erect silt fences and clean streets; however, failure to fully comply with all conditions set forth in the development Agreement by May 31, 2001, would result in the City drawing upon the letter of credit and contracting to complete items in default. Councilmember Lizee and Mayor Love thanked Engineer Brown and staff for being proactive in dealing with this matter. B. Discussion on Glen Road Drainage, Issues . . . " CITY COUNCIL REGULAR MEETING MINUTES MAY 29, 2001 Page 5 of 6 Engineer Brown stated he had walked the area with Mr. Joe Lugowski who had been concerned for the amount of water in his neighborhood after recent rains. Engineer Brown stated he had located a number of historical references from Hennepin County to the City stating a tile line does exist in that area; however, there were no exact locations given in those communications. Also, he noted these facilities were not taken over by the City historically. He would provide a complete report to Council at the next meeting. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated there had not been a meeting held by the Land Conservation and Environment Committee due to lack of a quorum, thus there was nothing new to report. 2. Skate Park Engineer Brown reported the parking lot was open at the South Shore Community Park and had relieved parking issues along St. Alban's Bay Road. However, litter control and inappropriate pedestrian crossings on Highway 7 continued to be areas of concern. He hoped the litter could be controlled on an individual basis without having to resort to more punitive actions. Also, he anticipated MnDOT could respond with additional signage along Highway 7 reminding of appropriate use of the crosswalks. A grinder rail still needed to be installed at the Park, and the Park Commission would be meeting with the neighborhood on a quarterly basis. Mayor Love stated he was very disheartened by the lack of concern for litter by the Skate Park participants. He was surprised those persons using the facility had not taken more pride in the site, and he hoped this situation could be remedied soon. Also, he noted it would be appropriate to involve youth in addressing this situation by meeting with the Park Commission to find solutions for litter control on site. 3. Eddy Station Engineer Brown explained the grading should be completed soon, and all other improvements remaining should be completed within the next three weeks as long as it could remain dry enough to work on site. 4. County Road 19 Intersection Administrator Dawson stated there was nothing new to report at this time, 5. Highway 7 construction projects Administrator Dawson reported there was construction on Highway 7 through Excelsior currently underway. . Engineer Brown noted seal coating would be taking place as early as May 31, 2001. Residents whose roads had been patched recently would receive immediate attention. Also, residents should be looking for notices regarding timing of seal coating in their area. ~ "" CITY COUNCIL REGULAR MEETING MINUTES MAY 29, 2001 Page 6 of 6 . B. Mayor & City Council Mayor Love stated Chief DuCharme and the Fire District Board selected Mr. Dana George as the Assistant Fire Chief for the Excelsior Fire District. 11. RECESS TO EXECUTIVE SESSION Lizee moved, Turgeon seconded, taking a brief break and recessing to Executive Session to discuss Eller Media at 8:24 P.M. Motion passed 5/0. Mayor Love convened the Executive Session Meeting at 8:27 P.M. Mayor Love, all Councilmembers, Administrator Dawson; City Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen were in attendance. Council received a progress report regarding pending litigation involving Eller Media. Zerby moved, Turgeon seconded, to return to the Regular Session of the City Council Meeting at 8:31 P.M. Motion passed 5/0. 12. ADJOURN Turgeon moved, Zerby seconded, adjourning the Regular City Council Meeting of May 29, 2001, at 8:31 P.M. Motion passed 5/0. . RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary ..'-*'~'. I . Dawson, City Administrator .