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090902 CC Reg Min . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 9,2002 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 Garfuukel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane, Engineer Brown, Finance Director Burton, Planning Director Nielsen Absent: None B. Review Agenda Zerby moved, Lizee seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of August 26, 2002 . Garfunkel moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of August 26, 2002, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval ofthe Verified Claims List B. Adopting RESOLUTION NO. 02-075, "A Resolution Granting a Conditional Use Permit for the Construction of a South Lake Minnetonka Public Safety Facility (West Location)." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PARKS . Engineer Brown stated there had not been a meeting of the Park Commission since the most recent City Council meeting of August 26, 2002, thus, there was nothing to report. The Park Commission was scheduled to meet on September 17, 2002. CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 9, 2002 Page 2 of6 . 6. PLANNING Director Nielsen stated there had not been a meeting of the Planning Commission since the most recent City Council meeting of August 26, 2002, thus, there was nothing to report. The Planning Commission was scheduled to meet on September 17, 2002. 7. GENERAL A. 2003 Proposed Budget Administrator Dawson explained the budget had been prepared as a result of careful consideration by Staff, guided in direction provided by the Council at Work Session meetings in June and August of this year. Shorewood provided essential services at a very reasonable cost, with a lean budget and small dedicated Staff. Staff members perform at high levels with economy and efficiency, and consistently spend countless extra hours to meet and exceed the high expectations of performance. . With regard to the proposed 2003 Operating Budget for the City, Finance Director Burton explained levy limits were in place for 2003, and the total proposed property tax levy for Pay2003 was $3,201,847. Also, the proposed General Fund Budget was $3,718,586, including an expenditure increase of approximately 4.5% from the 2002 budget. Reasons for increased expenditures included increases in Fire and Police Department budgets due to the public safety facility, as well as park coordinator contract services, recodification of the City's Code Book, computer equipment and software upgrades, and an increased contingency allocation. Additionally Finance Director Burton reassured Council there was no expectation to have to levy the full amount allowed by law, but as a measure of prudence it was logical to request it as part of the budgeting process to cover all contingencies. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 02-076, "A Resolution Setting the 2003 Proposed General Fund Budget and Approving the Proposed 2002 Property Tax Levy, Collectible in 2003." Motion passed 5/0. Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 02-077, "A Resolution Setting Truth-in-Taxation Hearings on December 2, and December 9, 2002, on the Proposed 2003 Budgets and the 2002 Property Tax Levy Collectible in 2003." Motion passed 5/0. B. Liquor Committee Report Councilmember Garfunkel explained that earlier this year, the cities of Shorewood and Tonka Bay had extended their agreement for Shorewood to operate Tonka Bay Liquors. The term of the agreement was month-to-month, with 30-days' notice required by either party to cancel the agreement. This approach was considered reasonable as the pending intersection project would result in demolition of the Tonka Bay Liquors building. . While the Council valued the partnership with Tonka Bay and had stated its preference to continue this relationship, no indication had been given by the City of Tonka Bay as to whether and under what conditions it would continue its municipal off-sale liquor operations. As a result, it had been impossible for Shorewood to do proper business planning, especially in term of marketing and staffing for the overall Shorewood Liquor Operations. Also, while it was the desire of both cities to remain in business at the current location as long as possible, Shorewood must manage its liquor operations in the most responsible businesslike manner possible. Therefore, it was the belief of the Liquor Committee that it was not in the City's best business interest to conduct off-sale liquor operations at the current location beyond the end of CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 9,2002 Page 3 of6 . this year. The Liquor Committee also recommended the City Council notify the City of Tonka Bay that it would terminate the agreement for Tonka Bay Liquors operations by year end. Mayor Love stated he appreciated the efforts of the Liquor Committee with regard to this matter, but questioned whether it would be more practical to terminate the agreement on November 30, 2002, with vacation of the premises by midnight December 5, 2002, in order to provide an orderly transfer of inventory and equipment. Discussion ensued regarding the benefits and consequences of various termination dates for the Liquor Operations at the Tonka Bay Liquors store. Council agreed it would like to continue its partnership with the City of Tonka Bay in the operation of a municipal liquor store; however, this action was required to allow for solid business planning for the future. Additional consideration could be given to this issue should any change take place in the intentions of the City of Tonka Bay. Lizee moved, Turgeon seconded, Approved Terminating the agreement for the Tonka Bay Liquors operation on November 30, 2002, and Shorewood would vacate the premises by midnight December 5, 2002. Motion passed 5/0. C. South Lake Minnetonka Police Department Operations Funding . Administrator Dawson explained the Joint Powers Agreement for the South Lake Minnetonka Police Department (SLMPD) described the process for determining the budget for its yearly operations. Late in 2000, the four city councils agreed to fixed-percentage obligations to the budget. The 2003 SLMPD proposed budget called for a 6.5% increase in the cities' contributions. However, at its August 26, 2002, meeting the Excelsior City Council adopted a resolution stating it would contribute an amount that equated to approximately a 4.1 % increase to the budget. Administrator Dawson then explained the various interpretations from the appropriate provision in the Joint Powers Agreement in the event of this kind of decision. He noted it was agreed by all parties involved that this provision required further clarity and interpretation to bring about consistent action in the future. Mayor Love stated he was very concerned for the impact to the SLMPD budget as a result of this decision. While he was certain the budget could be maintained in this manner with regard to service levels for the next year, he was quite concerned about the impact on all member cities should these kinds of actions continue into the future. He also expressed concern for the ability of one city to reduce service levels for all member cities as presented in the Joint Powers Agreement. Councilmember Garfunkel stated he was disappointed in decisions made with regard to the SLMPD budget, and he did not want to see an examination of varying service levels as the decision had been made to move away from documenting actions of service. Also, he stated he did not want to provide additional funding from the City in effort to make up the difference in shortfall established by the City of Excelsior. Councilmember Turgeon agreed, noting a solution needed to be found without providing additional City dollars. She stated the Joint Powers Agreement was weak in this area, and she would like to see the 4.1 % budget increase granted by all four member cities. . Mayor Love stated he thought the 6.5% increase in the SLMPD was appropriate, and he questioned what could be done to work with the problems related to the unilateral interpretation of the Joint Powers Agreement. Attorney Keane explained the agreement was not without defect in this section, and then explained various options for providing a solution. These options included legal interpretation through CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 9, 2002 Page 4 of 6 . district courts and the State Office of Hearing Examiners. A third option also would include agreement by all parties outside of the judicial system. Councilmember Turgeon stated the issue of majority vote could be examined and be determined through the State's examiners office as an option for solution to this issue. Councilmember Lizee stated she could also support this avenue of remedy; however, she would like to see Shorewood's obligation to the budget remain at 6.5% increased amount. Also, she stated she was not interested in reverting to a "cafeteria-style" provision of police services. Councilmember Garfunkel suggested maintaining the amount budgeted at the 6.5% increase, but paying the amount allotted at 4.1 %, with the remainder of the dollars to be kept in reserve. All Councilmembers agreed to this policy directive. Councilmember Lizee stated she was very disappointed in a few members of the community in that their actions would jeopardize the entire South Lake Minnetonka community. Councilmember Zerby stated all efforts made by the Police Department had been outstanding, and he believed the actions of others suggesting otherwise were outrageous. Mayor Love stated consideration had been given in the past to working with the City of Excelsior in the spirit of coordinating services, and he believed this was another example of where this effort needed to be applied. 8. ENGINEERING/PUBLIC WORKS . A. Accepting preliminary conceptual plans, specifications and estimates, and authorizing right-of-way acquisition for Smithtown Road Engineer Brown explained the proposed information before Council this evening provided an intermediate step allowing the project to move forward. The information included plans and engineering estimate for the Smithtown Road Pavement Rehabilitation project. This project was proposed in three segments extending from County Road 19 to the Shorewood- Victoria municipal border in effort to ease the flow of traffic on the roadway. Plans propose to reclaim the existing bituminous surface, construct a 4-foot shoulder on the north side of Smithtown Road, and a 2-foot shoulder on the south side of the road, from Country Club Road to the Hennepin County Regional Trail. From that point heading west, the section would be a 2-foot shoulder on each side of the road, with up to an 8-foot off-street trail along the north side of the roadway. Pending any properties that would refuse right-of-entry, it was anticipated this project could take place in 2003. Additionally, Engineer Brown noted the project would be funded through Minnesota State Aid funds, and consideration should also be given to upcoming projects drawing on these funds as well. Councilmember Garfunkel expressed concern for having the reclamation project linked to the construction of an off-street trail for construction purposes. He also expressed concern that the trail process had not been followed in this case, as it seemed as though the City were making decisions for residents regarding this trail. . Mayor Love stated he appreciated comments on this topic, but thought the trail was an element of the reclamation project. He remembered the trail process being utilized through an Open House meeting on the pavement project, noting residents of the western end of Smithtown Road requested a trail, while residents on the eastern end seemingly were not vocal on the topic. CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 9,2002 Page 5 of 6 . Councilmember Garfunkel stated he was concerned that to link the two together would allow for neither to take place as this issue was clarified. He thought the roadway project was a necessity, and the trail an amenity for residents. Councilmember Turgeon agreed, stating she did not believe the trail process had been followed. Councilmember Zerby stated he thought the process had been followed with the Park Commission making a recommendation to Council regarding the proposed trail along Smithtown Road. Mayor Love stated all parties wanted further discussion on this issue. With the proposed project, options could be reviewed further with residents regarding the trail portion of the project, and the discussion could be more focused. Engineer Brown stated the eight-foot trail width would allow planning for maximum construction limits. He stated the proposal allowed for Staff to interact one-on-one with residents to explain directly how the proposed project could impact properties, and a report would be made back to Council regarding status. The project could then be tailored, based on residential feedback received, and a neighborhood meeting held, thereby allowing for a most productive process. Mayor Love questioned whether the reclamation project could be started without conclusion on the trail issue. Engineer Brown responded affirmatively, noting it was the intent of Staff to try to deal with the issue one time so that residents would not have to suffer through construction issues twice. Councilmember Lizee suggested use of wording signifying this proposal as conceptual in its design stage. Engineer Brown stated Staff had included the larger width trail in this proposal, because it seemed . impractical to plan small and then have to go back to residents requesting a larger size trail. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 02-078, "A Resolution Accepting Preliminary Conceptual Plans, Specification, and Estimate for Smithtown Road Pavement Rehabilitation Project, with maximum eight-foot trail width, from the LRT to the Victoria municipal border, requiring neighborhood discussion on the final design proposal." Motion passed 5/0. Mayor Love left the meeting at 8:25 P.M., with Acting Mayor Garfunkel presiding over the meeting. B. Accepting feasibility report and authorizing preparation of plans, specifications and estimates for Lake Linden Drive Trail Engineer Brown explained a feasibility report for a pedestrian trail along Lake Linden Drive was now ready for Council consideration. Four options had been prepared in the report, with a five-foot-wide trail along the west side of Lake Linden Drive being the most practical to construct. The placement along the westerly side of the roadway allowed for a number of issues to be successfully examined. He cited issues with existing utilities, drainage concerns, and potential granting of easements to the City as being the cause for placement on the west side of Lake Linden Drive. He stated the developer of the Cub Foods project would be responsible for funding the trail construction, and the trail process would continue to be followed with neighborhood feedback continuing to be crucial to the project. . Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 02-079. "A Resolution Accepting the Feasibility Report and Ordering Plans, Specifications and Estimates for the Lake Linden Drive Pedestrian Path, City Project 01-16." Motion passed 5/0. . . . CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 9,2002 Page 6 of 6 9. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated there was nothing new to report on this project at this time. 2. County Road 19 Intersection Engineer Brown stated he had met with representatives of Hennepin County, noting approximately 40% of parcels affected by the project had granted right-of-entry; however, the project was anticipated to be stalled until issues of right-of-way could be remedied with the Tonka Bay Liquor store. 3. Public Safety Facilities Administrator Dawson explained alternate financing would be discussed at meeting of the Excelsior Fire Board and the South Lake Minnetonka Police Department Board on Thursday, September 12, 2002. B. Mayor & City Council 1. Firefighters' Memorial Councilmember Lizee stated she and Mayor Love had met with a committee of firefighters interested in erecting a memorial firefighting monument as part of the County Road 19 streets cape project. Staff would be contacted regarding this matter. Councilmember Lizee also reminded those present of the Fifth Anniversary Celebration being held at the Southshore Community Senior Center September 18-20, 2002. Everyone was invited to attend, as many special activities would be taking place to commemorate and celebrate the Senior Center. 10. ADJOURN Turgeon moved, Zerby seconded, Adjourning the Regular City Council Meeting of September 9, 2002, at 8:45 P.M. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Sally Keefe, Recording Secretary ATTEST: I wson, City Administrator