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110501 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 5, 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 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Zerby and Turgeon; Administrator Dawson; Attorney Keane; Engineer Brown; and Finance Director Burton Absent: Planning Director Nielsen B. Review Agenda Engineer Brown asked to remove item #9B, the Amlee Road/Glen Road Drainage RepOlt, due to outstanding issues. Lizee moved, Zerby seconded to approve the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes October 22, 2001 Turgeon moved, Zerby seconded, approving the City Council Special Meeting Minutes of October 22, 2001. Motion passed 5/0. B. City Council Regular Meeting Minutes October 22, 2001 Turgeon made a correction to the Motion on p. 3, Planning #7 A, paragraph 6, to read "Motion passed 4/0/1, Lizee recused." Lizee made a correction to p.2, Presentations #4A, to reflect the correct spelling of Mr. Duane Udstuen's name. Turgeon moved, Garfunkel seconded, approving the City Council Regular Meeting Minutes of October 22, 2001 as amended. Motion passed 5/0. C. Joint Work Session - SLMPD and Cities of Excelsior, Greenwood, Shorewood, and Tonka Bay, Minutes of October 25, 2001 Lizee made a correction to pA, the second to the last paragraph, to reflect the correct spelling of Mr. Terry Forbord's name. Lizee moved, Zerby seconded, approving the Joint Work Session Minutes of October 25, 2001 as amended. Motion passed 5/0. . REGULAR CITY COUNCIL MEETING MINUTES November 5, 2001 Page 2 of 8 3. CONSENT AGENDA Garfunkel moved, Turgeon seconded, approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. RESOLUTION NO. 01-069, "A Resolution Approving to Continue Participation in the Livable Communities Act." C. Approval of Extension of Deadline to Comply With Notice to Remove Appellant: Dale Dallman Location: 4830 Ferncroft Drive D. RESOLUTION NO. 01-070, "Approving the Authorization to Appoint Light Equipment Operator." E. RESOLUTION NO. 01-071, "Approving Authorization to Appoint Engineering Technician." Motion passed 5/0. 4. MATTERS FROM THE FLOOR . There were none. . 5. PRESENTATIONS A. Report by Representative to Lake Minnetonka Conservation District (LMCD), Tom Skramstad Representative Skramstad reported on approximately seven LMCD activities as identified in his written presentation. Zebra Mussels - He maintained it is largely a matter of time until they become a problem for the Lake. The LMCD sees the need for further education of both boaters and marina operators. Motorized Watercraft Amendment - Designed to prohibit the use of motorized watercraft on certain parts of the Lake in order to preserve the natural state of the remaining wetlands. The LMCD will be meeting next week to analyze 3 areas. Skramstad added his personal observation regarding the Upland Farms dredging of Six-Mile Creek. He voiced his concern of how this will impact the area and what sort of precedent it sets for developers to dredge access to the Lake. Currently, the developer here is challenging the LMCD's jurisdiction over this issue, and the LMCD is trying to work on a defensible position in this matter. Mayor Love commended the LMCD for the effort they have put into addressing the issues Six-Mile Creek presents. Milfoil Harvesting - Started late due to high water and a late spring, but went well. REGULAR CITY COUNCIL MEETING MINUTES November 5, 2001 Page 3 of 8 . 2002 LMCD Board - Shorewood needs to appoint a Board member to the LMCD. Water Patrol Deputies - Thanks to support from 13 of 14 communities, and additional funding from local businesses, two deputies were added to the water patrol. There will be a meeting in November to compile the statistics and results from the year, and the LMCD hopes to have a repOlt to deliver in December Mayor Love reiterated the City's desire to hear a report that measures the success of hiring the additional deputies. Mayor Love also relayed a comment he received from a water patrol deputy acting as a spokesperson for the group. The deputies, some with over 20 years of service, likened themselves to volunteer firefighters, on the front lines providing the safety on the lakes. While in community service, unlike firefighters, these deputies do not have any retirement fund where monies are put aside for their future and in turn encourages them to stay on longer. Mayor Love questioned whether a dialogue could be opened up between the LMCD and the deputies to discuss the possibility of providing a pension plan of sorts. These volunteer deputies are a unique breed. Skramstad commented that this was a good suggestion, and one that he would bring up at his upcoming meeting with the Sheriff s department next week. Gray's Bay Marina - Open for business in 2002, with additional changes over the next three years, the project is moving right along. Boulder Bridge Farm - A violation of the multiple dock license has been observed this year with 11 boats instead of 10 moored to its docks. 6. PARKS . A. Report on Park Commission Meeting Held October 23, 2001 As there was no Park Commission representative present, Engineer Brown reported on the latest meeting. Brown reported that the Park Commission continues to go through the comprehensive planning process for each park, setting up a full-blown comprehensive plan for the park system as a whole (including trails). At the last meeting the Commission reviewed both Manor and Badger Parks as it continues its process. 7. PLANNING Administrator Dawson reported that many items were acted upon, as reflected in the Minutes of the last meeting. There was also a work session which included discussion on planning district areas and subdivision ordinances. He also called attention to the pre-application for the application by Cub Foods which will be presented in the pre-application stage at the November 26,2001, City Council meeting for review. 8. GENERAL A. New Building for South Lake Minnetonka Police Department (SLMPD) Administrator Dawson reported that there was overall agreement that new facilities were needed for the SLMPD at the joint work session of the Shorewood, Excelsior, Greenwood, and Tonka Bay City Councils. Dawson pointed out that a model resolution has been drafted for action by the city councils, of which Shorewood is the first to take action. The resolution itself would commit the cities to amend the . joint powers agreement for the SLMPD. The changes themselves would require the cities to fund the REGULAR CITY COUNCIL MEETING MINUTES November 5, 2001 Page 4 of 8 . long-term financing of the facility and require an affirmative vote from each city council, prior to the SLMPD Coordinating Committee awarding a contract, to construct the facility on the property at 24140 Smithtown Road. Dawson added that there was general agreement that a second joint session should be scheduled tentatively for Tuesday, November 20th at 8 P.M. at the Southshore Center. Zerby moved, Turgeon seconded, approving RESOLUTION NO. 01-072, "A Resolution Approving Commitment to the Construction of a New Police Station for the South Lake Minnetonka Police Department." Turgeon took this opportunity to compliment Police Chief Bryan Litsey on his presentation to the joint City Councils. Zerby added that he believed this to be a historic joint meeting and he was pleased to support this important resolution to build a new police station for today and the future. Lizee commented that she, too, strongly supports the new building as well. She said it has been a great effort working with the community as a whole. . Mayor Love added that the overwhelming majority of council members at the meeting from all the city councils. Every representative to the coordinating committee, which is comprised of the mayors of the cities, has weighed in with support of this project. He maintained that seldom do people elected to city councils have the opportunity to make such an important commitment to the future of their communities. The Mayor pointed out that the facilities we have now are totally inadequate for today's needs and many of the struggles we see nationwide give clear evidence to that, much less the natural disasters we often go through in our area. He commended Chief Litsey and Fire Chief Mark DuCharme for their hard work on these critical issues. Mayor Love also noted that Shore wood has the unique honor to be the first City Council to pass this resolution, but he was confident and anxious that the other City's would follow suit shortly. Motion passed unanimously 5/0. 9. ENGINEERING/PUBLIC WORKS A. Approval of County Road 19 Preliminary Layout . Brown referenced the preliminary layout for the County Road 19 intersection realignment project. Brown noted that staff has been working nonstop with WSB Associates to urge the County to approve this geometric layout. The City can finally sign off on the geometric layout. It has gained support and incorporated some of the County's key issues into this final diagram. Most significantly, Brown identified the addition of center raised medians, that the County felt very strongly were necessary. The City and WSB have also spent a great deal of time trying to minimize the impact to driveways. He added that while several details will be worked out in the final design, they are shown here in concepts in order to get them down on paper to get feedback. Property owners, as always, will be given the opportunity for feedback in negotiation with the County. For example, in concept the entrance to Floors Plus has been redesigned to line up with the entrance to Srnithtown Crossing. Preparations are also under way to incorporate advanced warning lights and flashers at the entrance to the new the public safety campus, as well as an additional turning lane and wider shoulders. Mayor Love observed that, while invaluable, the advanced warning flashers would be most effective from the east near Shorewood Lane. Brown continued, that over the past week, he has spent a great deal of time speaking to business owners to get their feedback, and so far, it has been positive in regard to the layout. Brown concluded with staffs recommendation to adopt the revised resolution, which approves the geometric layout and authorizes staff to proceed with the final design aspect of it. He added that the City of Tonka Bay will not take formal action on this matter at its next meeting, but at the following one instead. Mayor Love inquired whether REGULAR CITY COUNCIL MEETING MINUTES November 5, 2001 Page 5 of 8 . this would cause a delay. Brown replied that the County merely needs approval by the end of the year. Mayor Love then asked how pedestrian traffic will flow. Brown stated that the sidewalk is slated to follow the entire length of the roadway; however, which side it will be on will be determined in the final design stage. He added that it has been discussed among staff that the sidewalk continue on from County Road 19 to the City Hall driveway access. In regard to a left turn lane at Glen Road, Brown mentioned that, although not a part of the formal design, over the years staff has received numerous comments favoring a turn lane at the intersection. Brown stated that Council should direct staff to pursue the addition of a turn lane as part of this project. Preliminary comments with the County have indicated that funding this additional turn lane is not out of the realm of possibilities with the current project, but staff will need direction from the Council to pursue it. Turgeon commented that she had been contacted by the Gideon Glen Homeowners Association asking about a turn lane because there have been some bad accidents there. They asked that with the construction of all the new homes, apartments, and town homes on Glen Road and Amlee Road, that the City consider putting in a left-turn lane somewhere there. People seem to be passing on the right shoulder, where pedestrians may be walking, which is making for many near misses and accidents. Turgeon strongly encouraged the Council to look at a turn lane as part of this project. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 01-073, "A Resolution Approving the County Road 19 Reconstruction Project Preliminary Layout and Directing Staff to Look into a Turn Lane at Glen Road as Part of the Project." Motion passed 5/0. B. Acceptance of Amlee Road/Glen Road Drainage Report - Removed from Agenda . C. Authorization for Expenditure of Funds for Storm Sewer System Repairs Brown reported on the need for storm water sewer repairs of the culverts at Edgewood Road that are not able to handle the flow. He maintained that it is vital to storm water management to repair these four culverts and replace them with two new pipes. One of the potential vendors consulted can begin now, while the other cannot begin until December, which may be too late. Staff is asking that the expenditure of funds be approved at this time, if they are not, this may dramatically affect the safety of four homes on Edgewood. One other area with significant drainage and flooding problems, which would be included in this expenditure, is the Pine Bend location. Brown pointed out that the City does allocate approximately $22,000 to take care of minor drainage improvements that even extend onto private property. Lizee moved, Garfunkel seconded, Approving the Expenditure of Funds for Storm Water Repairs. Motion passed 5/0. D. Acceptance of the Smithtown Road Feasibility Report and Setting Date of Open House Meetings Brown reminded Council that staff has been working on a feasibility report with WSB for rehabilitation of Smithtown Road, extending from Country Club Road to the Victoria City border. Brown invited Dave Hutton, of WSB, to present the details of the report. . Mr. Hutton pointed out that the report looked at several options, including an overlay, reclamation, and the addition of a drain tile system for the approximately 13,600 linear feet of roadway. Each option was reviewed; however, the opportunity to receive State Aid monies for a repair, which would recycle the existing blacktop incorporating it into the reclamation process, far outweighed the need for a new REGULAR CITY COUNCIL MEETING MINUTES November 5, 2001 Page 6 of 8 . realigned roadway with no State Aid assistance. Hutton reported that while the reclamation option is more expensive, it provides a more permanent, longer-lasting road. An overlay typically extends the life of a road 7-10 years, while a reclaiming would extend the life 12-15 years. In addition, with a reclamation project, there is more opportunity to correct minor deviations in the grade or slope. Installation of drain tile would be laid along both shoulders to preserve the integrity of the roadway by not letting water seep under it. This alternative is recommended. Hutton maintained that this project is feasible, necessary, and cost effective. Brown and Hutton proposed that Council accept the proposal this evening and set a date for an Open House Meeting for the residents in December. That meeting could be followed up by the submission of final designs between January-February, collection of bids in March, awarding a contract in April, and completing the improvements in May-June. Mayor Love asked for discussion. Zerby agreed with the feasibility report maintaining that it addresses many of the issues we've had regarding this road for years. He felt the reclamation process, with the drain tile installation, to be the most economical solution. Discussion of an Open House continued without a specific date named at this time, but probably after New Year's. Zerby moved, Lizee seconded, to Accept the Smithtown Road Feasibility Report and Set a Date for the Public Information Meeting as Recommended by Staff. . Turgeon questioned whether there was intent to develop a trail system along Smithtown. As liaison to the last Park Commission meeting, the Commission voiced interest in incorporating a trail system into the roadway project. Mayor Love maintained that while the City should provide trail information to the residents, a trail effort should be driven by the homeowners. Motion passed 5/0. Attorney Keane cautioned the Council that staff should bring back recommendations regarding the right- of-way issues, there are some options which can be made part of the work session or open house process, by inviting people to participate in the easement process. Keane maintained that by volunteering this part of the conversation early on, it may help to speed up the 120 minimum day of securing easements. Since the tiling will be outside the traveled roadway, Keane felt this proposal brings in the need for clarity and closure to the right-of-way issues as they relate to the area of construction. Brown agreed that it is important to get a reading from people as they conduct the open houses. Certainly, this proposal presented here will be much more palatable than some of the other proposals that have been set forth because staff has tried to keep the road as narrow as possible this time. Turgeon asked whether dialogue could be opened up with some of the people who we don't have right of way with in order to get their feedback and give them a heads up. It's a process which may take a bit longer but may be worth it in the long run. Brown agreed, stating that there is no real time constraint to this project and that we may get a better feel of where they are if we can take the time to talk to owners in advance. Attorney Keane encouraged the City Council and staff to secure the corridor right-of-way acquisition without delay as a part of the project cost through State Aid. Brown stated that he was hopeful that the easements could be negotiated with little trouble if the project is palatable to residents. 10. REPORTS . A. Administrator & Staff . . . .. REGULAR CITY COUNCIL MEETING MINUTES November 5, 2001 Page 7 of 8 1. Gideon Glen Administrator Dawson reported that a meeting took place with the Watershed District last week to clarify what can be done. The MCWD's consultant is getting ready to prepare an outline of a feasibility study and the probable costs to perform that. The presentation is scheduled to be given for consideration on the 6th of December. 2. County Road 19 Intersection Addressed in detail earlier by Engineer Brown. 3. T.H. 7/41 Project Engineer Brown reported that the project is moving along well. The curb will be placed on the nOlth frontage road of Highway 7 on Wednesday. Zerby asked when he anticipated Lake Linden Drive to reopen. Brown indicated it should be reopened within two weeks. Zerby then asked how soon the Highway 7 project into Excelsior would be wrapped up. Mayor Love learned at the State of the City Meeting of Excelsior, that, while the contract did not call for the project to be completed until next spring, due to the mild weather conditions the contractor believed the project would be finished by late November. . Mayor Love complimented Brown for his efforts, and asked Council to work with staff to draft a letter to the Commissioner of Transportation regarding MnDOT's refusal to carry through with the recommendations of the City on the Trunk Highway 7 and 41 project. He believed the DOT is not above local jurisdictions when it comes to the areas that we live in, regarding both our safety and our environment. Mayor Love found it terribly disconcerting that the recommendations could have been overlooked, particularly after those closest to the scene, including the representative from MnDOT himself, agreed with the recommendations. Although investigation showed clearly that the conditions were not the cause of the accidents, Mayor Love was hopeful that no further accidents would occur. He did, however, deem that a thorough look at the site and recommendations made by City staff and the MnDOT representative had been overlooked and believed that to be abhorrent. With no objection, Mayor Love asked staff to follow through with the draft to the Transportation Director and copy the Council. 4. Fall Clean-Up Nothing to report. 5. Conditional Use Permit, Lake Fellowship Unitarian Church, 24575 Glen Road In Director Nielsen's absence, Engineer Brown reported that Lake Fellowship was able to have a wetland delineation completed before the end of October. Since the Watershed District and the City requires that the delineation be shown on a survey, representatives of the Church are debating going forward, due to the surveying cost. In fact, Brown added, that they may actually opt to remove the pavement and return the parking lot to its previous condition. City Council agreed at its last meeting to extend the deadline for the Church to apply for a conditional use permit to December 11, 2001. Brown stated that they will have until then to either make their application or correct the violation. . . . . . ~. REGULAR CITY COUNCIL MEETING MINUTES November 5, 2001 .Page 8 of 8 6. December City Council meeting schedule December 10, 2001, will be the only regularly scheduled City Council Meeting for the month of December. B. Mayor & City Council Brown updated the Council on several repairs taking place this week, including, a leaky valve in the parking lot to be repaired this Tuesday and the Amesbury back-up power connection will occur Thursday. Lizee shared that the Holiday House Home Tour representative asked if the City of Shorewood would consider donating $25.00 as a sponsor of the event. Scheduled for December 9, 2001, it would provide good advertising for the City. Council Members were in agreement to do so. 11. EXECUTIVE SESSION Mayor Love recessed the meeting to Executive Session at 8:23 P.M.. He convened the session at 8:24 P.M. Present were Mayor Love, Council members Garfunkel, Lizee, Zerby, and Turgeon; Attorney Keane, Administrator Dawson; Finance Director-Treasurer Burton. The council discussed a matter relating to litigation. Turgeon moved, Zerby seconded to close the Executive Session at 8:47 p.m. and to return to the Regular business meeting. Motion passed 5/0. 12. ADJOURN Lizee moved, Garfunkel seconded, adjourning the Regular City Council Meeting of November 5, 2001, at 8:48 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recording Secretary ATTEST: