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052802 CC Reg Min . . . ~. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, MAY 28, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Councilmember Garfunkel, acting as Mayor for this meeting, called the meeting to order at 7:00 P.M. A. Roll Call Present: Acting Mayor Garfunkel, Councilmembers Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Thomas Gump, of Larkin, Hoffman, Daly, and Lindgren, Ltd., sitting in for Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Mayor Love B. Review Agenda Zerby moved, Lizee seconded, approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes May 13, 2002 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of May 13, 2002, as presented. Motion passed 4/0. 3. CONSENT AGENDA Acting Mayor Garfunkel reviewed the items on the Consent Agenda. Councilmember Turgeon requested Item 3F be removed from the Consent Agenda and moved to Item 6B for further consideration and discussion. Turgeon moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Approval of Contract for Recording Secretary Services C. Adopting RESOLUTION NO. 02-045. "A Resolution Approving a Single, Temporary Gambling License for the Storefront Group, at the Minnetonka Country Club, 24575 Smithtown Road." D. Approval of the Recycling Grant Agreement with Hennepin County Environmental Services CITY COUNCIL REGULAR MEETING MINUTES MAY 28, 2002 Page 2 of6 . E. Sign Permit - Waterford Plaza Applicant: Signart Co. Inc., (on behalf of Waterford Center, L.L.P.) Location: 19905 Highway 7 F. Sign Permit - Southshore Community Park Applicant: Tonka Signcrafters, (on behalf of Shorewood Park Foundation) Location: 5355 St. Alban's Bay Road (This item was removed from the Consent Agenda to become Item 6B for further discussion and consideration.) G. Sign Permit - Shorewood Market Applicant: Ford Thatcher Location: 5680 County Road 19 H. Adopting ORDINANCE NO. 385, "An Ordinance Amending the Curb Side Pick-up Start Time for Spring Clean-Up" I. Setting the Date for a Budget Work-Session Motion passed 4/0. 4. MATTERS FROM THE FLOOR . There were no matters from the floor presented this evening. 5. PRESENT A TIONS AND REPORTS A. Mound Fire Department Annual Report for the Year 2001 Administrator Dawson introduced Mound Fire Department (MFD) Chief Greg Pederson, noting it had been a pleasure to know and work with him for the past year. Administrator Dawson also explained Mound provided fire services to the Shorewood residents living on Enchanted and Shady Islands. Chief Pederson provided an overview of the MFD Annual Report for the Year 2001. He stated the Mound Fire Department covered only a small portion of the City of Shorewood, but was happy to do so. In addition, he explained the Year 2001 had been successful for the Department as it had a full complement of 37 fIrefIghters. He noted the activity level to be quite high, responding to 614 calls in the past year (approximately 2 per day). He cited additional accomplishments for the year including establishing a Fire Commission comprised of representatives of the six cities the MFD served, maintaining staffing levels, approval of a full-time fIre chief, purchase of a new engine, initiation of a Police and Fire Facility project, and successful completion of the 50th Annual Fish Fry with the largest crowd in the history of this event. He explained challenges for the upcoming years to include maintaining members, meeting training mandates and standards, continuing to provide cost-effective quality customer service, provide adequate fInancial resources to successfully support the Department, provide an adequate facility, continue to . focus on environmental issues, and implementation of a new communications system. CITY COUNCIL REGULAR MEETING MINUTES MAY 28, 2002 Page 3 of6 . He explained 97% of the 2001 Budget had been expended, and he noted the anticipated cost to the new Police and Fire facility to be approximately $6,855,000. He then detailed fInancial plans for the proposed Facility, stating Shorewood's portion would be approximately $5,361 with fInancing costs. He then thanked Council for the time to present this report, noting detailed annual reports regarding the budget and fInancing of the proposed Police and Fire Facility had been distributed previously. In response to Councilmember Turgeon and Zerby's questions, Chief Pederson explained the design for the facility included six bays for fIre engines, as well as shared space for training, fItness, and locker rooms. The anticipated cost of approximately $6.9 million was the total cost for the building, not including cost of land, as the facility would be built on the existing site of the Fire Department. Councilmember Turgeon complimented the Chief on a wonderful summary of the project provided in a newsletter format to residents and interested parties. Chief Pederson thanked Council, stating it was a pleasure to be able to serve the City of Shorewood. 6. PARKS A. Report on Park Commission Regular and Work Session Meetings Held May 14, 2002 Commissioner Meyer reported on matters considered and actions taken at the Park Commission Meetings of May 14,2002 (as detailed in the minutes of the meetings). . B. Sign Permit - Southshore Community Park Applicant: Tonka Signcrafters, (on behalf of Shorewood Park Foundation) Location: 5355 St. Alban's Bay Road Councilmember Turgeon stated she had requested this item be removed from the Consent Agenda, as she was concerned about "support" of the proposed wording on the sign. Engineer Brown explained the Park Commission had approved the proposed wording for the signage. Turgeon moved, Zerby seconded, Approving a Sign Permit for a sign to be erected at the Southshore Community Park for Tonka Signcrafters, (on behalf of the Shorewood Park Foundation), 5355 St. Alban's Bay Road. Motion passed 4/0. 7. PLANNING - Commissioner Woodruff reported on matters considered and actions taken at the Planning Commission Meetings of May 21, and My 23, 2002, (as detailed in the minutes of those meetings). A. C.U.P. and Setback Variance - Little League Dugouts - Freeman Park Applicant: South Tonka Little League Association Location: Freeman Park, 25800 Highway 7 . Director Nielsen explained last year the City granted South Tonka Baseball a Conditional Use Permit to construct dugout shelters in three locations on Fields 1 and 2 at Freeman Park. The structures built did not conform to the approved plans and were required to be removed. Representatives of South Tonka had now requested approval for seasonal awnings in place of the permanent structures. The seasonal . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 28, 2002 Page 4 of6 awnings were to be comprised of dark green canvas awnings that would be stretched and laced between a framework of fence pipe rails, similar in appearance and installation to boat dock canopies found commonly in the Lake Minnetonka area. Director Nielsen also explained a fourth location that required a setback variance (third base side of Field 2) had not been approved as part of last year's request; however, the seasonal nature of the shelters shed a different light on this variance. Since fencing was allowed to be six feet high along the property line, the awning could be stretched from the fence to some taller poles at the front of the dugout. He also noted the Park and Planning Commissions had recommended approval of this case. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 02-045 "A Resolution Granting A Conditional Use Permit and Variance Request for Little League Dugouts for South Tonka Little League Association, at Freeman Park, 25800 Highway 7." Motion passed 4/0. B. C.U.P. for Accessory Space over 1200 Square Feet Applicant: Dick and Arnette Lindeen Location: 28005 Boulder Bridge Drive Director Nielsen explained the applicants had applied for a Conditional Use Permit to construct a three car attached garage on their property, located at 28005 Boulder Bridge Drive. He noted the floor area of the new garage, combined with an existing attached garage, brought the total area of accessory space on the property over 1200 square feet. He noted the property contained 68,970 square feet of area, and the existing garage was end-loading from the north, while the proposed garage addition would be perpendicular facing east along with the house. Director Nielsen then reviewed the necessary criteria for a Conditional Use Permit and found compliance with all necessary Zoning Code requirements. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 02-046, "A Resolution Granting a Conditional Use Permit for Accessory Space over 1200 Square Feet for Dick and Arnette Lindeen, 28005 Boulder Bridge Drive." Motion passed 4/0. 8. GENERAL A. Xcel Energy Undergrounding Projects Administrator Dawson explained that in January of this year, the Council had adopted an ordinance requiring all utility lines to be undergrounded. As a result, existing overhead lines became nonconforming and must be placed underground when the lines were replaced. Under rulings by the State of Minnesota, Xcel would be required only to pay for the estimated cost to place facilities overhead. The incremental cost to place facilities underground must be paid by either the City as a corporate entity, or all of the Xcel ratepayers in the City requiring the lines to be buried. In the second scenario, the ratepayers would pay a surcharge on their Xcel bill until costs to Xcel were recovered. However, the minimum and maximum surcharges were $1.00 per month and $4.50 per month respectively. Multiple projects could be pooled within the $4.50 per month cap and the minimum surcharge for anyone project could then be less than $1.00 per month. Administrator Dawson also explained the maximum length of time for surcharge of any individual project would be five years. With regard to these requirements, Administrator Dawson further explained, Xcel had notified the City of its intent to add to its feeder line along Smithtown Road from Boulder Bridge south to the City limits. Staff then suggested the project included undergrounding of facilities and requested an estimate of cost. He also explained a decision was imminently needed so that service could be upgraded to provide CITY COUNCIL REGULAR MEETING MINUTES MAY 28, 2002 Page 5 of6 . reliable electrical service to that part of the City prior to the high demand cooling season. In addition, the County Road 19 intersection project was scheduled for construction later this year, and there was also opportunity to underground facilities as part of the Smithtown Road project from Country Club Road west to the municipal boundary. Administrator Dawson noted in discussions regarding the Smithtown Road project, many residents, especially those living east of Eureka Road, expressed preference to have Xcel facilities placed underground. Administrator Dawson then reviewed the preliminary cost estimates for the three possible projects, noting it appeared all projects could be accomplished without significantly restricting the ability to have additional undergrounding projects subject to the $4.50 per month cap. Administrator Dawson further explained the implications to private property owners. He stated when electricity was provided to a property directly from a feeder line, it may be necessary for a new service line to be provided to the buildings on site. Furthermore, that service needed to comply with current requirements of the electrical code. Xcel would not pay for this cost, and options had been explored by the City to pay for this cost, however, no suitable solutions for bearing this cost were appropriate at this time. He noted the potential cost to a homeowner for burying the facilities underground would be approximately $500 to $1,200. Administrator Dawson then introduced Pat Cline of Xcel Energy. . Mr. Cline, Community Government Relations Manager for Xcel, reviewed the proposed information presented by Administrator Dawson, and explained the eleven potential customers affected in the Smithtown Road project from Boulder Bridge to the City limits would have the option to keep electrical lines overhead at no additional cost. In response to Acting Mayor Garfunkel's questions, Mr. Cline explained there was economy in cost savings to working with the City to underground all facilities at the same time as roadway projects were being completed. Mr. Cline also explained additional information regarding estimates for these projects would be made available at a later time. Zerby moved, Lizee seconded, Approving the Xcel Energy Smithtown Road project, including both new and existing lines, be placed underground, and authorized the minimum monthly surcharge to Xcel Energy ratepayers. Councilmember Zerby stated this motion was consistent with residents' comments and long-term goals of the City. Mr. Cline stated there would be no additional cost to residents for the immediate project; however, the homeowners could choose to underground facilities. Motion passed 4/0. 9. ENGINEERING/PUBLIC WORKS A. Authorization for Engineering proposal for Smithtown Road Improvement Project Engineer Brown briefly reviewed the proposal for this project, noting a discussion of an off road pedestrian walkway was still pending. Lizee moved, Zerby seconded, Authorizing Acceptance of the Engineering Proposal for the . Smithtown Road Improvement Project. Motion passed 4/0. . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 28, 2002 Page 6 of6 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson explained this project continued to be reviewed by consultants working with the Minnehaha Creek Watershed District, and he anticipated a meeting to discuss findings in the next few weeks. 2. County Road 19 Intersection There was nothing further to report on this matter at this time. B. Mayor & City Council Councilmember Turgeon requested information and notification be provided to City residents regarding the proposed Public Safety Facility in a timely manner. 11. ADJOURN Zerby moved, Turgeon seconded, adjourning the Regular City Council Meeting of May 28, 2002, at 8:42 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary