Loading...
022502 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 25, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Due to technical difficulties, Acting Mayor Garfunkel called the meeting to order at 7:15 P.M., noting Mayor Love would be present shortly. A. Roll Call Present: Mayor Love (arrived at 7:23 P.M.); Councilmembers Garfunkel, Lizee, and Zerby; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Councilmember Turgeon and Administrator Dawson B. Review Agenda Acting Mayor Garfunkel reviewed the Agenda. Engineer Brown requested the addition of Item 8B, Authorization to Purchase A New Computer Network, to the Agenda for this evening. Councilmember Lizee requested Item 3C be moved to the March 11, 2002 Regular City Council Meeting Agenda when Administrator Dawson could be present. In addition, she requested Item 6D, A Discussion of Surveillance Cameras for Security Purposes at Eddy Station, be added to the Agenda for this evening. Attorney Keane requested an Executive Session Meeting be held immediately prior to adjournment this evening regarding ongoing litigation. Lizee moved, Zerby seconded, approving the Agenda as amended. Motion passed 3/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of February 11, 2002 Lizee moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of February 11, 2002, as presented. Motion passed 3/0. B. City Council Work Session Meeting Minutes of February 11, 2002 Zerby moved, Lizee seconded, Approving the City Council Work Session Meeting Minutes of February 11, 2002, as presented. Motion passed 3/0. 3. CONSENT AGENDA Zerby moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 25, 2002 Page 2 of7 B. Glen Road Street Light Request C. Approval of Goals and Priorities for 2002 (This item was moved to the March 11, 2002, Regular City Council Meeting Agenda for further consideration and discussion.) D. Adopting RESOLUTION NO. 02-021, "A Resolution Approving License for the Hilltop Restaurant to Sell Tobacco Products." E. Approval of Appointments to the Shorewood Park Foundation Board of Directors Motion passed 3/0. 4. MATTERS FROM THE FLOOR . There were no matters from the floor presented by the audience this evening. 5. PRESENTATIONS AND REPORTS A. Presentation of Award for former Park Commissioner Acting Mayor Garfunkel presented a plaque to Kate Lynch Bix in appreciation for her two years of service on the Park Commission. He noted in her time of service from February, 2000, to January, 2002, she had also acted as Liaison to the Parks Foundation. The Council thanked her for her dedication to the Commission. Ms. Bix stated it had been an enjoyable education for herself as part of the Park Commission. She noted the City had the good fortune to have many parks available for all residents. She appreciated being part of the process to bring the Skate Park to the City, and she enjoyed seeing it used as part of good clean fun. In addition, she stated she looked forward to working as a Shorewood Parks Foundation Director for the next three years, and thanked Council for the plaque. B. Report from Tad Shaw, MCES Advisory Board Representative Tad Shaw, 5580 Shore Road, stated he had been a part of Mil1..netonka Community Education Services (MCES) for the past 22 years as an at-large member, a School Board member, and now as a Representative for the City of Shorewood. He explained the history of the programming MCES offered to area residents and encouraged anyone with an idea for a class to submit ideas to him as part of the process for providing exceptional community education services. He stated he had been appointed President of the Advisory Board for MCES. In addition, he noted the Community Education Services program appeared to be running well, and he stated the Board was planning to review its role and function, refocus the responsibilities of the organizations represented, and revise the by-laws over the next year. Further, he stated he would be attending the Park Commission Meeting scheduled for February 26, 2002. Mayor Love arrived at 7:23 P.M., and resumed his duties for this evening's meeting, apologizing for the delay in arrival. . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 25, 2002 Page 3 of 7 Councilmember Lizee questioned whether budget cuts affecting the Minnetonka School District would be affecting the programming at MCES. Mr. Shaw commented only a small portion of the monies budgeted come from the School District, and as such, noted certain programs must remain intact. Council thanked Mr. Shaw for his report. 6. PARKS A. Report on Park Commission Meeting Held February 12, 2002 As there was not a member of the Park Commission present to give a report, Engineer Brown reported on the matters considered and actions taken at the February 12,2002, Park Commission Meeting (as detailed in the minutes of that meeting). B. Facility Use Agreement Engineer Brown stated a final draft of the Park Facility Use Agreement is being recommended for approval from the Park Commission. The Agreement addresses rules and regulations governing the use of the City parks and facilities. Councilmember Zerby questioned whether signage had been considered regarding the prohibition of driving on ball fields, and dumping paint cans in the trash. Engineer Brown responded affirmatively. Zerby moved, Lizee seconded, Approving the Park Facility Use Agreement for the City of Shorewood. Motion passed 4/0. C. Ordinance for Motorized Vehicles Driving on Fields or Green Space Engineer Brown explained this ordinance is being recommended by the Park Commission for approval by Council. The ordinance amends the fine for operating motorized vehicles on fields or green space in the City. Engineer Brown noted the fine would increase from $35 to $200 as a result of adoption of this ordinance. Councilmember Zerby commented he believed it to be a fair fine when compared to the cost of fixing the ball fields after someone had driven on them. Zerby moved, Lizee seconded, Approving ORDINANCE NO. 381, "An Ordinance Amending Chapter 801 of the Shorewood City Code Relating to Operation of Vehicles in Parks or on Public Grounds. Motion passed 4/0. D. A Discussion Regarding the Purchase of Surveillance Cameras for use at Eddy Station Councilmember Lizee explained the Park Commission had made two recommendations to Council regarding the purchase of surveillance equipment for use at Eddy Station. She requested an update regarding this purchase. Engineer Brown stated preliminary estimates were approximately $4,000 for surveillance cameras for a facility such as Eddy Station. He stated formal quotes could be sought and a report given to Council in four weeks' time on the matter. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 25, 2002 Page 4 of7 . Engineer Brown, in response to Councilmember Zerby's question, explained the South Lake Minnetonka Police Department had recommended reputable firms that provide surveillance equipment. In addition, Councilmember Zerby questioned the estimates from previous damage in comparison with the cost of surveillance equipment. Engineer Brown stated the costs per year in repairing acts of vandalism would certainly be more than the money spent on surveillance equipment. Councilmember Zerby affirmed that the addition of surveillance equipment was a good idea, as many components of Eddy Station were durable yet expensive to repair or replace. Mayor Love stated that surveillance equipment would allow the identity of the vandals to be known and allow for prosecution to the fullest extent of the law in an effort to stop the vandalism in City parks. Lizee moved, Zerby seconded, Approving a Request for Bids for Surveillance Cameras. Motion passed 4/0. 7. PLANNING Commissioner Pisula reported on matters considered and actions taken at the February 19,2002, Planning Commission (as detailed in the minutes of that meeting). He noted a proposal from the owner of the Shorewood Village Shopping Center had been heard at that meeting regarding the potential use of the site for expansion and redevelopment as a CUB Foods grocery store. He also noted the Planning Commission had requested additional information from the developer, and the matter had been continued until March 19,2002. . Mayor Love stated he had attended the Planning Commission Meeting that evening, and the property owner had stated other options were available for placing a grocery store at that location. He noted the community certainly had rights governed by the City Zoning Code and Comprehensive Plan, as does the property owner. Commissioner Pisula commented the rules were in existence for all parties and as such, the possibility existed for a more intense use of the property as long as it was in accordance with City ordinances. Mayor Love complimented the Commission, noting the meeting was run with the highest respect for the community and the developer. He thanked the Commission for its efforts in having a well-run meeting where all parties could be heard respectfully. A. Denying a Request for a Variance Applicant: Dewey Carter Location: 26330 Noble Road Director Nielsen explained the applicant had requested a setback variance in November of 2001 to construct a house on the property at 26330 Noble Road. He explained the lot was a lot of record, thereby exempting it from City ordinances regarding the setback areas from the wetland on the property. However, he explained, the Minnehaha Creek Watershed District had requested a 35-foot setback from the wetland, necessitating the applicant's request for a 30-foot frontyard setback from the City. He noted, upon review of the proposed plans for the site, the applicant had not made a good attempt to minimize the request for variance. Director Nielsen had then requested a redesign of the house in effort to minimize the setback being requested from the City. He explained the Planning Commission had continued the matter to January 15, 2002, at the request of the applicant. Again the request had been continued to . February 5, 2002. As plans had not yet been submitted for approval, Staff and the Planning Commission . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 25, 2002 Page 5 of7 had recommended the request for setback variance be denied. The applicant was not in attendance this evening to address Council regarding this matter. Lizee moved, Zerby seconded, Denying a Request for Variance for Dewey Carter, 26330 Noble Road. Councilmember Zerby questioned why a six-month delay would be required before the applicant would be able to resubmit plans for approval for the property. Director Nielsen explained this was common practice given to allow the applicant to give careful consideration to plans for the site. In addition, he explained, an applicant could withdraw the matter and resubmit immediately prior to Council taking formal action of denial. Motion passed 4/0. 8. GENERAL A. Setting the Date of the 2nd Council Meeting in May Zerby moved, Lizee seconded, Setting the Date of the 2nd Council Meeting for May 28, 2002, due to the Memorial Day holiday. Motion passed 4/0. B. Authorization to Purchase a new Computer Network Engineer Brown explained the City's current computer network server was seriously damaged and in need of replacement. He explained the system was over four years old and provided the City good service in its time. He noted an allotment had been made in the 2002 budget for this request, and due to the emergency nature of this matter, a system had been ordered last week. He also noted all critical data had been safely secured in the past week, and estimates for the new system and installation were approximated to be $14,500. Councilmember Garfunkel stated there was an obvious need and the recommended system certainly seemed like it would be appropriate. Garfunkel moved, Lizee seconded, Authorizing the Purchase of Computer Network Server and Installation Services as proposed by the Geek Squad Computer Consultants, at a cost not to exceed $14,500, using dollars from the Public Facilities/Office Equipment Fund. Councilmember Garfunkel questioned whether the City's insurance agent had been contacted regarding the possibility of filing an insurance claim. Engineer Brown explained he believed the system failure may be attributable to a power surge on the network and possibly in Council Chambers as well, as the audio- visual sound system was not working this evening. He also commented it would be prudent to examine higher quality surge protection equipment for future protection. Motion passed 4/0. 9. ENGINEERINGIPUBLIC WORKS Engineer Brown stated there was nothing further to report this evening. . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 25, 2002 Page 6 of7 10. REPORTS A. Administrator & Staff 1. Gideon Glen Director Nielsen stated review of a maintenance agreement was ongoing with the Minnehaha Creek Watershed District and should be available at the next meeting for Council review. 2. County Road 19 Intersection Engineer Brown reported he would be meeting with representatives from Hennepin County on Friday, March 1, 2002, regarding potential changes to design plans for undergrounding of utilities, lighting, landscaping, and other issues. He stated he would report on this meeting at the next Regular City Council Meeting. B. Mayor and City Council Mayor Love thanked Finance Director Burton, and City Staff for diligence in handwriting checks due to the computer system failure. Mayor Love stated he had attended the Community Visioning Process Meeting on Thursday, February 21, 2002, and found it to be a very interesting meeting as people from other communities attended and provided input as well. In addition, he stated community input provided a clustering of ideas for the future of the South Lake Minnetonka community. Mayor Love also stated the legislative initiatives regarding phosphorus free fertilizers were progressing through the legislature. He thanked Senator Linda Higgins, Representative Peggy Leppik, and Senator Ed Oliver for efforts in moving the initiatives forward. Mayor Love recessed the meeting to Executive Session to discuss ongoing litigation at 8:05 P.M. 11. EXECUTIVE SESSION Mayor Love convened the Executive Session at 8:06 P.M. Mayor Love, Councilmembers Garfunkel, Lizee,and Zerby, Attorney Keane, Engineer Brown, Finance Director Burton, and Planning Director Nielsen were in attendance. Council held a discussion with the City Attorney regarding ongoing litigation. Garfunkel moved, Lizee seconded, to close the Executive Session and return to the Regular Session of the City Council Meeting at 8:15 P.M. Motion passed 4/0. Mayor Love reconvened the Regular City Council Meeting at 8: 15 P.M. . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 25, 2002 Page 7 of7 12. ADJOURN Zerby moved, Lizee seconded, adjourning the Regular City Council Meeting of February 25, 2002, at 8:15 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary