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101402 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 14, 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 Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Associate Attorney Gump for Attorney Keane, Engineer Brown, and Finance Director Burton Absent: Planning Director Nielsen B. Review Agenda Lizee moved, Zerby seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 23, 2002 Garfunkel moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of September 23, 2002, as presented. Motion passed 5/0. B. City Council Work Session Minutes, September 23, 2002 Zerby moved, Garfunkel seconded, Approving the City Council Work Session Meeting Minutes of September 23, 2002, 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. Approval of the Verified Claims List B. Approval of the Contract for Fall Clean-up Services C. Setting the Date for the Annual Appreciation Party D. Adopting RESOLUTION NO. 02-080, "A Resolution Granting Approval of a Simple Subdivision for Marvin Boote, 24340 Yellowstone Trail." E. Approval of a Sign Permit Request for Snyder Drug Store, 23620 Highway 7 (This item was continued to the October 28, 2002, Regular City Council Meeting Agenda.) . . . CITY COUNCIL REGULAR MEETING MINUTES October 14,2002 Page 2 of 6 F. Adopting RESOLUTION NO. 02-081. "A Resolution Granting Approval of a Temporary Gambling License for the Friends of the Southshore Senior Center, 5735 Country Club Road." G. Approval of a Proclamation in support of Kids Voting Program Motion passed 5/0. 4. MATTERS FROM THE FLOOR Julie Ingleman, 23720 Latonka Drive, stated she was a Senate candidate for this district, and simply wanted to introduce herself to the Council and public present this evening. She noted her family had been Shorewood residents for five years. Mayor Love thanked her for her introduction. 5. PRESENTATIONS AND REPORTS There were no presentations or reports this evening. 6. PARKS A. Report on Park Commission Meeting Held October 8, 2002 Commissioner Davis reported on matters considered and actions taken at the October 8, 2002, Park Commission Meeting (as detailed in the minutes of that meeting). B. Set the Park Master Plan Open House Meeting Date for October 22, 2002 Turgeon moved, Zerby seconded, Setting the Master Plan Open House Meeting Date as October 22, 2002, from 5:30 -7:00 P.M. at City Hall. Motion passed 5/0. 7. PLANNING Commissioner Packard reported on matter considered and actions taken at the September 24, 2002, and October 1, 2002, Planning Commission meetings (as detailed in the minutes of those meetings). She noted the Commission would be reviewing issues related to senior housing regulations and density requirements. She requested input and direction on these issues from Council. Councilmember Turgeon stated she believed the purpose in reviewing these issues should include consideration of all options to move past parameters set in the current regulations. She asked that the Commission seek out innovative ways to bring affordable senior housing to the City and suggested Staff speak to representatives of the City of Minnetonka for suggestions on innovative measures taken regarding the need and building possibilities for affordable senior housing in that city. Council agreed with this suggestion, and Mayor Love also requested these issues be examined to avoid benefits of affordable senior housing being lost to market-driven land economics. Commissioner Packard thanked the Council for its direction on these issues. CITY COUNCIL REGULAR MEETING MINUTES October 14, 2002 Page 3 of 6 . 8. GENERAL A. Reschedule the First Council Meeting of November and Schedule a Work Session Administrator Dawson explained the first Council meeting date was Veteran's Day, which was a holiday, and suggested the Council hold the first Regular Council Meeting and Work Session on November 12, 2002. Council agreed. B. Schedule Canvassing Board Meeting Administrator Dawson stated the Canvassing Board must meet soon after the General Election on November 5, 2002, to approve the local election results of the Election. It was suggested this meeting take place on Wednesday, November 6,2002, at 6:00 P.M. Council agreed. C. Opt-Out Transit Proposal . Administrator Dawson explained the City had been included in special legislation in 2000 to allow the City of Minnetonka to "opt out" of the delivery of transit services by Metropolitan Council Transit Operations (MCTO). He went on to explain that in the 1980's, several cities were unhappy with the amount of transit service for the amount of money the Metropolitan Transit Commission (MTC) was levying against property taxpayers. Legislation was enacted at that time permitting municipalities to provide their own services, thus "opting out" of service provided by MTC. Any funds available after providing replacement services could be used for other transit purposes, such as additional buses during rush hours, local dial-a-ride or circulator services. The legislation did not allow opt-out cities to lower the transit tax rate; rather, it gave them the opportunity to provide more and/or better-tailored service for about the same amount of taxes paid. The Legislature established a deadline for "opt out" services in the early 1990's. Special legislation was enacted in 2000 to except Minnetonka and Shorewood from the state law regarding the establishment of opt-out transit services. In order for the City to avail itself of this legislation, action needed to be taken by June 30, 2003. Administrator Dawson then explained transit was a specialty area, and was even more specialized given the context of transit jurisdiction and funding within the metropolitan area. As a result, a proposal had been submitted for a Needs Assessment and Feasibility study" He also explained the firm was highly recommended by a number of metropolitan cities and would allow the Council to make a well-informed decision regarding opt-out transit services. Mayor Love stated this proposal would afford the City an opportunity to examine needs of the local area, and how well those needs were being met. In response to Mayor Love's question, Administrator Dawson stated the amount of funding would not necessarily change for transit service; however, the purpose of the study was to find ways to provide improved transit services with similar amounts of funding. Lizee moved, Zerby seconded, Authorizing the Services of LJR, Inc., for opt-out transit planning services per its proposal of September 27, 2002, on an hourly-fee basis, not to exceed $15,000. Motion passed 5/0. 9. ENGINEERINGIPUBLIC WORKS A. Petition to Tonka Bay to provide water service to the South Lake Minnetonka Public Safety Facility . Engineer Brown explained that as the plans for the South Lake Minnetonka Public Safety Facility site had progressed through the review process, it had been determined that the most economical method of . . . CITY COUNCIL REGULAR MEETING MINUTES October 14,2002 Page 4 of 6 providing adequate fire suppression flows and domestic water supply to the Public Safety Facility site was via the City of Tonka Bay water system. Engineer Brown also reviewed background information regarding fire flow regulations and the current water main extending from the City of Tonka Bay water system to the Public Works facility. He noted the proposed action was the most economical and feasible solution to the issues related to bringing appropriate water supply to the Public Safety Facility. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 02-082, "A Resolution Authorizing the Mayor and City Administrator to Enter into a Cooperative Agreement with the Oty of Tonka Bay for Utility Services." Motion passed 5/0. B. Authorize Feasibility Report for Watermain Extension from Minnetonka Drive to Hwy.7 Engineer Brown stated that as part of the review process for the Cub Foods proposal, the Fire Marshal had supplied information regarding an increased need for fire flow to the site. This need for increased fire flow would require further action by the Commission and Council as part of an amendment to an existing Conditional Use Permit. As a separate matter, the City had received and approved a preliminary plat for a 14-lot subdivision, known as Linden Hills, which surrounded Lake Linden. He went on to explain municipal water service was not available to either one of these sites. Since the recent addition of the Linden Hills plat, he noted it would seem practical to consider extending water service to the Cub Foods site. Staff requested the authorization to have a feasibility report prepared to further examine the practicality, costs, and opportunities that existed to service the subject areas. He stated preliminary discussions with each developer had been initiated regarding the possibility of making municipal water service available in these areas. Both applicants were concerned about the timing of the project. Engineer Brown also stated if a feasibility report indicated a practical application; this water main would serve as a trunk watermain with the cost to be borne by the developers. He stated the residents would not be assessed as part of this project as the project would only make available an opportunity for residents from the Clover Lane/Gillette Curve area along Minnetonka Drive southward to Yellowstone Trail and into the Linden Hills development. Existing property owners could begin municipal water service as a result of any installation without assessment cost; however, should residents wish to connect to the municipal water supply a connection fee would be expected at the time of connection. Mayor Love stated he saw this as an opportunity to gain valuable infrastructure at no cost to the City. Engineer Brownagreed, noting the action before Council this evening only directed a feasibility study and did not necessarily presuppose results. Councilmember Garfunkel asked if the developers had requested municipal water. Engineer Brown responded that was not the case. Councilmember Garfunkel stated he was also concerned the cost of the feasibility report would not be able to be recovered should the report indicate it would not be a practical application. Councilmember Turgeon agreed. Mayor Love also stated he thought the developers should demonstrate some interest prior to moving forward with the report. Councilmember Zerby stated this was an opportunity to gather citizen input as to whether there was interest in municipal water along the potential route from residents. Council reviewed various options for proceeding with this issue. Mayor Love suggested this matter be reconsidered in two weeks, thus, giving Staff the opportunity to meet with the developers to determine whether there was interest in this project. . . . CITY COUNCIL REGULAR MEETING MINUTES October 14, 2002 Page 5 of6 Councilmember Zerby also commented the potential water main would be a long dead end main. Councilmember Turgeon suggested the possibility of linking this main with a water main in Chanhassan beneath Highway 7. Engineer Brown stated this issue could also be explored as part any future project for the area. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated there was nothing further to report on this matter at this time. 2. County Road 19 Intersection Engineer Brown stated a meeting had taken place in the past week with representatives of Hennepin County, Tonka Bay and the Smithtown Crossing Shopping Center. Plans for the intersection project were nearly complete and ready for bids; however, there had not been any change to the status of the value of the Liquor Store. He stated representatives of Hennepin County expressed concern regarding the project cost. Councilmember Turgeon stated she was concerned for exceeding project costs as well, noting it seemed as if liquor sales were more important than public safety in this matter. She stated making the intersection safer for all residents of area cities was worth more than revenue. Mayor Love agreed. Councilmember Garfunkel also agreed, noting he did not fault the City of Tonka Bay for requesting reasonable compensation; however, the issue became what was reasonable compensation. Councilmember Garfunkel also explained the Liquor Committee had met earlier this evening, and continued planning the process to vacate the store by the end of November. If the County and City of Tonka Bay reached settlement and the City approved the project, business could continue until the construction of the project necessitated relocation or dissolution of the business. He stated all options had been offered to no avail. Mayor Love stated he believed municipal liquor sales needed to benefit residents of the City where it was being sold in some way. Shorewood had given up all revenue in this matter in effort to provide enhanced safety measures to its residents, and was requesting Tonka Bay consider giving up only a portion of its revenue. 3. Public Safety Facilities Administrator Dawson stated a groundbreaking ceremony for the Public Safety Facility-West Side Station had been scheduled for Saturday, November 9, at 10:00 A.M. Refreshments would be served at the Southshore Senior/Community Center following the ceremony. B. Mayor & City Council Councilmember Garfunkel stated the Liquor Committee had also discussed the status of the Shorewood Plaza store and potential relocation to a different store in the Center as a result of the CUB Foods redevelopment project. . . . CITY COUNCIL REGULAR MEETING MINUTES October 14, 2002 Page 6 of6 Mayor Love stated he had attended a Leadership forum sponsored by the South Lake Minnetonka Chamber of Commerce including a panel discussion between the mayoral candidates of the five member South Lake Minnetonka communities and the Superintendent of the Minnetonka School District. He stated the discussion had been informative and enjoyable. 11. ADJOURN Lizee moved, Zerby seconded, adjourning the Regular Oty Council Meeting Minutes of October 14,2002, at 8:07 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor